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Home My WebLink AboutOC1971-0669 - ESTATE OF HOHMANNNOTICE OF CLAIM ESTATE OF ANTHONY HOHMANN, DECEASED TO: PITTSBURGH NATIONAL BANK, EXECUTOR Main Street Washington, Pennsylvania 15 301 You are hereby notified that Thomas F. Downey and Marilyn Downey, his wife, 660 Somerville Drive, P·ittsburgh, Pennsylvania, 15243, claim from the Estate of Anthony Hohmann~ deceased, for board, care. and personal services from 1947 to the date of death the sum of $18, 000 based upon an agreement by the decedent to make provisions for claimants in his will. ,~g J~as F.DOwney ~ ... L Thomas J. erputac, sq. Attorney for Claima ts 729 Washington Trust Building Washington, Pennsylvania 15 301 ,. ' ~ L3-7!-LL7J LAST WILL AND TESTAMENT I, ANTHONY HOHMANN, of the City of Pittsburgh, County of Allegheny and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this my Last ilill and Testament, hereby revoking any and all wills and testamentary writings at any time heretofore· made by me. . FIRST: I give and bequeath a1l.my tangible personal property to my brother, LEO F. HOHMANN. If he shall fail to survive me, the same · shall be sold and the proceeds added to my residuary estate. SECOND: All the remainder of my property, real and personal, I give, devise and bequeath to PITTSBURGH NATIONAL BANK, IN TRUST, NEVERTHE- LESS, to pay the sum of One Hundred fifty ($150.00) Dollars monthly to or for the benefit of my brother, LEO F. HOHMANN, for so long as he may live. Said monthly sum shall be paid from principal to the extent that the trust income is insufficient for such purpose. In addition, my Trustee may expend principal for the support and health of my said brother. Upon my brother's death, this trust shall terminate and the then principal thereof, together with any accrued or undistributed income, shall be paid in equal shares.to the following persons: (1) My niece, LEONA BLUHE. (2) My grand-nephew, PHILIP BELEJCHAK. (3) Hy grand-nephew, ALBERT BELEJCHAK. (4) My niece, ClARA ROSSWELL. (5) My niece, IRENE RABB. (6) My niece, MARIE DOWNEY. (7) My grand-niece, DONNA BELEJCHAK. ,.-------~ . ·~ ] J ·, i I . ! i l j • fl ' Should any of the above persons be a minor at the time he or she becomes entitled to receive a share of the trust estate, his or her share shall be retained by PITTSBURGH NATIONAL·BANK until the beneficiary attains majority, at which time the principal shall be paid to him or her· free of trust. During the beneficiary's minority, the Trustee may ~se income and principal for the maintenance, support, education, comfort and welfare of 'the minor beneficiary. I direct. that my said brother shall be permitted to live, rent-free, on my farm at Hickory, Washington County, Pennsylvania, if he desires. THIRD: In the administration of any trust created hereunder, the Trustee shall have the power to invest and reinvest the principal of the trust estate in any kind of property, without being restricted to invest- ments which are legal for trust funds. It shall have the power to distribute the trust estate either in cash or in kind, as it shall alone determine. FOURTH: I appoint PITTSBURGH NATIONAL BANK as Executor of this my Will, giving and granting to it the right to distribute my securities or other property in kind to my Trustee or other beneficiaries. IN WITNESS WHEREOF, I have hereunto set my hand and seal --J,j_o_d __ day of ~7. . . . 1965. . . this Uu!/?-~-ot/ 9/~~J"t,·Yf (SEAL) · . Ant~y Hohmann . SIGNED, sealed, published and declared by ANTHONY HOHMANN, the above named Testator, as and for his Last Will and -2- Testament, in the presence of us who, at his request, ·in his presence and in the presence of each other, have Orher;~. sus our names ~.::::::::::::::..::_:__:_~~~~::::::;'-'4L....:.---- Residing at:{) J ~ {_ Residing at: Jt))_ 11£· ~-A-~ '/o11 1?1¢4ncn'/P'£ ~d, (/) /) /J 0 q-t-v~. If( JYr-~··, -3- ANTHONY HOHMANN. "' "'' ''Decec:ised;' ,.4•:.:'1 l-- NOTICE OF CLAIM ESTATE OF ANTHONY HOHMANN, DECEASED TO: PITTSBURGH NATIONAL BANK, EXECUTOR Main Street Washington, Pennsylvania 15301 :.' l . ' You are hereby notified that Leo Downey and Mary Downey, his wife, 1832 Lynn Avenue, Turtle Creek, Pennsylvania, 15145. claim from the Estate of Anthony Hohmann, deceased, for board, nursing and care, and personal services from 1940 the sum of $12, 000 based upon an agreement by the decedent to make provisions for claimants in his will. Also claimants demand from the Estate of Anthony Hohmann, deceased,. the sum of $950. 00 for the sale by decedent of a Mack bus rearend wherein decedent kept the money, at the time the said rearend being the property of Leo Downey . ... ... ''J Date:~,~/'?1/ Leo Downey ll!A~ry~ >~A L~~ Thomas J. j"'erputac,/Esq. Attorney for Claimarlis 729 Washington Trust Building Washington, Pennsylvania 15 301 ~ {/80830-5 ,. INVENTORY of all real and penonal estate of .......... ~~~~~~~--~~~-~~~ ............................................................. ~ .................. deceased, late of ........................................................... Street ....................................................... City ............................................. Ward ...................................................................... Borougb ..................... Cecil. ..................................... Townahip, Pennsylvania. SMK PERSONAL ESTATE SCHEDULE Pittsburgh National Bank Certificate of Deposit dated 4/3/71 and due 4/3/72 with interest @ 5.50% Pittsburgh National Bank Savings Account #65-174593 Union National Bank Savings Account #71-001355-8 1969 Ford Station Wagon Household Goods, Equipment, Machinery & Tractor Westinghouse Electric Corp. Death Benefits West Penn Motor Club Refund on membership Treasurer of the United States Check for underpayment of Social Security payments during life time of decedent Cash belonging to decedent 5,000.00 13,695.62 3,829.15 1,075.00 2,295.25 3,000.00 6.25 68.00 207.32 29,176.59 ---------·---- .... ' ') r ----·--------------------------------------~--~ REAL ESTATE SCHEDULE REAL ESTATE IN PENNSYLVANIA 9.77 acres, 92 perches of1and, Improved, having erected thereon a 1~ story frame barn containing 2 rooms and a 1 car garage, off L.R. 62031, Village of Hickory, Mt. Plesant Twp. Washington County, Penna. NONE MEMORANDUM OF REAL ESTATE OUTSIDE THE COMMONWEALTH OF PENNSYLVANIA 5,000.00 \) AFFIDAVIT OF EXECUTOR OR ADMINISTRATOR STATE OF PENNe)7LVANIA l . COUNTY OF ALLEGHENY ~ SS .. Personally before me, the undersigned authority, a Notary Public in and for said County and State, appeared Joseph W. Linn, Assistant Trust Officer Pittsburgh National Bank who, being duly sworn according to law, depose and say that PITTSBURGH NATIONAL BANK --------------------------------------------~--~is the of the estate of Anthony Hohmann -- Executor~ that the foregoing schedules constitute deceased, a complete inventory and appraisement of the real and personal estate of ~A~n~th~o~n~y~H~o~hm~a~n~n~~------~~--~~----~--~--~~~--~~---- deceased, except real estate outside the Commonwealth of Pennsylvania, that the figures foregoing schedules are determined said items as of the date of the opposite each item of real and perso:q.al estate in the and stated by the undersigned to be the fair value of decedent's death. ~' . eeL~ ~! ~ ""' ~! ~:* ~ s:: : a) 0 : b.O s=:: 0) CIS ~ (lj! 1""'4 ll4 ...... 0 0 ~ 5 ~ u ~ Q) ~ ~ ~ '\,g ~ \.s) -~ : : «~: ~ ~';; 1:'1· ~; : .....-1; ~.. .:,..,..·~·l: ' ::1...1 ' • iX! .• ' 0\ --: ~~ : 'i:l-1-1! ...... .. "-' . ' • ~ ::-J -.. , ·:--"1:'1; 'J : N ";-lr'l ,_, ' . ~· : II') ~.0 >:-. c:: c.._; . i« ·~ ' .. : ...... .. : ;, "'1 :':·~§: ~ ~ ~ .~; .....-1·..-t H lL ~ 0: ~ ::t:; ~ oJ z >-i ES ~ ~\ ··-· ~--: '.') :::'.:;~ : -"'·;::1 : -• ; ---~-~: ~ I:Q .. •. til .c: ~'\. . ,, C,!) ...;. ~ 00 ,, --t) 1-1 0~ ~ -~ .. ~==' S::: o: ~ UJ .c:: ~ .j.J! j:l! ~ ~,~l > <! z 0 : z : ~ 0 > 0 ~ s:: "tl 1-1 ,c ; ;::: ~ .. ::-~-§ ~ ~ -or-USOO+J > · en · .n: . o· "tl o ..-t • o..,: ! ~: fil c;'l P... ' ' ' ' ' ' ! : :>. • .; ' ' Q.l v• : : d en ' ' "" Q.l .a : 0 "" Cl) Q.l .... "tl ~ &! < ~ ... --~"" ~ \_';\. ")..~ :0'~ 1''"' TR-2 REV . .il-62 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ANTHONY HOHMANN, DECEASED FIRST AND FINAL ACCOUNT OF PITTSBURGH NRTIONRL BRNI< EXECUTOR NO. 80830-5 PITTSBURGH, PA. JUNE 25, 1973 SUMMARY SCHEDULE A I PRINCIPAL -PERSONALTY Receipts Pages 3 and 4 $29,431.59 Amount transferred from Princ:ipal-Realty 4,950.00 $ 34,381 55 Disbursements Pages 5 and 6 3.159 00 Balance $ 31,222 SCHEDULE B INCOME -PERSONALTY Receipts Page 7 \ $ 1,918 68 Disbursements Page 7 226 19 Balance 1,692 SCHEDULE C PRINCIPAL -REALTY Receipts Page 8 $ 5,000 00 Disbursements Page 8 $ 50.00 Amount transferred to Principal-Personalty 4,950.00 5.000 00 59 49 l l I Balance 0 00 NET BALANCE $ 32,915 08 ., ANTHONY HOHMANN TR-2-A REV. 9-621 THE BALANCE CONSISTS OF THE FOLLOWING: PRINCIPAL -PERSONALTY Short Term Investments General Electric Co. Demand Note $ 29,000 00 General Motors Acceptance Demand Note 2_,000 00 $ 31,000 0 0 Cash 222 59 $ I 31,222 59 I INCOME -PERSONALTY Cash 1.692 49 $ 32,915 08 NOTE: Attorney's fee in the amount of $1,950, payable to McCann, Garland, Ridall and Burke and executor's compensation in the amount of $1,725, payable to Pittsburgh National Bank will be charged and shown as paid in a supplement to this account. I ' ' I I -2- ---- ' . ; . ' . . I ANTHONY HOHMANN !I TR-2-A REV. 9-62 SCHEDULE A PRINCIPAL -PERSONALTY RECEIPTS 1973 Jan. 4 Inventory filed $ 29,176 59 Assets Purchased General Electric Co. Demand Notes, as follows: I 8/19/71 . $14 ,ooo. 00 I 1/4/72 14,000.00 I 4/3/72 19,000.00 1/2/73 19,000.00 1/17/73 29,000.00 General Motors Acceptance Corp. Demand Notes, as follows: 11/17/71 7,000.00 1/4/72 7,000.00 4/5/72 2,000.00 1/2/73 2,000.00 I Sale and Conversion of Assets without Gain or Loss 1971 Aug. 4 Proceeds withdrawal in full savings account Pittsburgh National Bank 13,695.62 Carrying value 13,695.62 $ 0 00 I Oct. 6 Proceeds withdrawal in full savings account Union National Bank of Pittsburgh 3,829.15 Carrying va111e 3,829.15 0 00 Proceeds sale General Electric Co. Demand Notes at 100, as follows: 12/30/71 14,000.00 Carrying value 14~000.00 0 00 . 4/3/72 14,000.00 Carrying value 14~000.00 0 00 12/28/72 19,000.00 Carrying value 19.!000.00 0 00 1/17/73 19,000/00 Carrying value 19,000.00 0 00 -3- -----------------------, ANTHONY HOHMANN I T~-~-;;EV. 9-62 Apr. 6 Proceeds redemption Pittsburgh National Bank Certificate of Deposit, 5.50% dated 4/3/71 due 4/3/72 $5,000.00 Carrying value 5,000.00 $ 0 00 Proceeds sale General Motors Acceptance Corp. Demand Notes, at 100, as follows: 12/30/71 7,000.00 Carrying value 7:000.00 0 00 4/5/72 7,000.00 Carrying value 7~000.00 0 00 12/28/72 2,000.00 Carrying value 2,000.00 0 00 $ 0 001 Miscellaneous 1971 Dec. 8 Treasurer of United States - Lump sum death benefits under social security act 255 00 ' $ 29,431 59 Amount transferred from Principal-Realty 4,950 00 $ 34,381 59 I I -4- I I TR-2-A REV. 9-62 I 1971 June July 30 7 July 29 ANTHONY HOHMANN DISBURSEMENTS Administrative Expenses Russell Marino, Register - Letters testamentary and eight short certificates Washington County Reprots - Advertising letters testamentary The Daily Notes - Aug. Advertising letters testamentary 16 Appraisal fee in re off L. R. 62031 Mt. Sept. 2 oct. 6 1973 Jan. 5 Pleasant Township, Washington County, Pa. Streets Run Auto Service - Commission fee re 1969 Ford Station Wagon Martin R. Hallam - Expenses of sale of personalty at Mt. Pleasant Township property, as follows: Advertising $ 36.56 Repairs to tractor 14.05 Auctioneers commission 229.52 Labor in preparation for sale 52.00 Clerk and extra help day of sale 80.00 Russell Marino, Clerk of Orphans' Court- Costs of filing inventory Expenses re maintenance and preservation of property situate off L~ R. 62031, Village of Hickory Mt. Pleasant Township, Washington County, Pa. - Pro rata share 1972 taxes Locks for farm Insurance - 29.43~' 4.00, Fire 55.00V Liability 16.00" Amount reserved re filing this account Preferred Debts -5- $ $ 19 50 / 14 00 v 12 50 ~ 50 00 ~ 107 50 -- 412 13 V' 14 00 v 104 43 50 00 $ 1,849 00 ~ 200 00 20 72 ,. 23 00 ~ ../ 210 00 I I I I . 784 06 2,302 72 ' ANTHONY HOHMANN TR-2-A REV. 9-621 Other Debts 1971 July 29 West Penn Power Co. - Service to July 19, 1971 Aug. 12 Robert Punola, Tax Collector - Mt. Pleasant Township and school tax for year 1971 Nov. 23 West Penn Power Co. - 1972 Final service at Mt. Pleasant Township property Jan. 4 Irene Bowland - Replacing locks on account of keys to hotel room lost by decedent -6- $ 3 44 4 19 45 '- 84' ,.;' 03 ~ ' r 90 72 22 I $ 3,159 ool TR-2-A REV. 9-62 ANTHONY HOHMANN SCHEDULE B INCOME -PERSONALTY RECEIPTS - Interest -Short Term Investments General Electric Co. Demand Notes $14,000 -to 12/30/71 14,000 -to 4/3/72 19,000 -to 12/28/72 19,000 -to 1/17/73 General Motors Acceptance Corp. Demand Notes $7,000 -to 12/30/71 7,000 -to 4/5/72 2,000 -to 12/28/72 Interest -Savings Accounts Union National Bank to 9/30/71 Pittsburgh National Bank to 6/30/71 Interest -Certificates of Deposit Pittsburgh National Bank,'5-l/2% $5,doo -to 4/3/72 DISBURSEMENTS Pennsylvania Dept. of Revenue - 1971-72 Pennsylvania state income tax - 2/17/72 to 4/2/73 Internal Revenue Service - 1972 income tax on accumulated income - 4/2/73 Pittsburgh National Bank - Executor's compensation -7- $ 271 81 145 44 700 17 44 72 40 41 74 83 73 81 \ $ 43 08 -----=2;...;..4.::::..5 ,_.::6:..::::.3 $ 1,35 1 19 288 71 11----=-27.!...:8 78 1,918 68 31 04 80 03 115 12 1+----=..:: ~ 226 19 I I I I . ' TR-2-A REV. 9-62 1973 ANTHONY HOHMANN SCHEDULE C PRINCIPAL -REALTY RECEIPTS Jan. 4 Inventory filed 1972 Aug. 30 SK:jh Sale of Assets without· Gain or Loss Proceeds sale 9.77 acres of land situate off L. R. 62031, Village of Hickory, Mt. Pleasant Township, Washington County, Pa. $5,000.00 Carrying value 5,000.00 DISBURSEMENTS Expenses re sale of 9.77 acres of land situate off L. R. 62031, Village of Hickory, Mt. Pleasant Township, Washington County, Pa. - Pennsylvania transfer tax Amount transferred to Principal-Personalty -8- $ 5,000 00 I 0 00 $ 5,000 00 $ 50 00 4,950 00 5,000 00 -··~,-- .. ~ ... ..~ ~· • --~ >-•· • .~·-~·, ·) ;) IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 63-68-1154 IN RE: ESTATE OF ANTHONY HOHMANN, DECEASED NOTICE OF DEPOSITIONS .. ~ ::!: :0 ;::; . J> rrr ;::;, -- (./) 0 c: (.,oo") ·-·· •• :r.: -en !:!_"'1 i ::;: (/) (0 ·~ ·"· ----~ ,__, rr""'! ·-) r~· "' ·'0 l ' ~.. j' t-:-; ~.:: ; ·-.. ::;-r-2 0 ... _.I ---q -:,: :!::;, ... ..:1 ,0 .... =::r. ? r~: ~~ ;;:; -o r-"") p. (,1') ,_ • c...r, . c:;) Edmund W. Rid~ll, Jr. 'McCANN, GARLAND, RIDALL & BURKE ATTORNEYS AT LAW 3718 MELLON BANK BUILDING 15215 WILLIAM PENN PLACE PITTSBURGH, PENNSYLVANIA 15219 .- ' ., !1". i' . . . ., l-•• (, f I • -,..,.. ' I ' . . -IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA -· ORPHANS~ COURT DIVISION • IN RE: ESTATE OF ANTHONY HOHMANN, . DECEASED .. I' \ ' t·(·\,~J ..... _Jt.lnt --~ 1,3i1t-l..'f No. €i~-6-8-14--.5-4 : NOTICE OF DEPOSITIONS TO: Thomas J. 'Terputac, Esquire 729 Washington Trust Building Washingi:on,·Pennsylvania 15301 .•, ~ . t· .Please take notice that Pittsburgh National Bank, Executor of the '··--.... . ' Estate of An~hony Hohmann, deceased, pursuant to the Pennsy_lvarlia Rules of Civil Procedure;. by its counsel, Edmund W. Ridall, Jr., will take the deposition· upon oral examinatiqn of Leo Downey and Mary Downey, his'wife, 1832 Lynn Avenue, . Turtle Creek, Penn~ylv~mi~, a_nd of Thomas F. Downey and Mari~yn _Downey, his wife 660 Somerville Drive, Pittsburgh, Pennsylvania, before Carol Beck, a Notary Public, on ·Monday, 'october 15, 1973; at 9:30. o'clock A.M. at the offices of Pittsburgh National Bank, 6 South Main Street, Washington, Pennsylvania. The purpose of the depositions will be for discovery and for use at trial as the above said rules permit; and the scope of said depositions .will include all areas of inquiry which may_aid in the trial or the preparation of the case scheduled for trial on November 1, 1973 at 10 o'clock A.M. It is requested that Leo Downey and Mary Downey' and Thomas. F. Downey and Marilyn Downey bring with them any written evidence of the alleged agreement by the decedent to make provisions for them in his will or other writings evidencing the claims they have presented in the decedent's estate. September 21, 1973 :. • . ' Q_ Edmund W. Ridall, Jr. Attorney for Pittsburgh National Bank .. . . ' I t ' . '..-t ')· . ~ "' • ! . ;: . e IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA INRE: Estate of ORPHANS' COURT-DNISION .. ( ) ( ) . No. 63-71-669 ANTHONY HOHMAN:t:J, ( I. < z < ~ >-UI z z ·Ill II. Deceased. ~BEFORE: 1-CJ· z J: Ul < ~ ) . ( HEARING ON AUDIT · . ,, 'The Hon~rable PAUL A. SIMMONS, Judge of the said Court.. . ...: . ~APPEARANCES: EDMUND W. RIDALL, Esquire, of Pittsburgh, Pa., _ representing .the Accountant. l-UI 0 .J <( u 0 ::J ., ~TIME: ,.. ' N ui' a:. Ill • I- THOMAS J .. TERPUTAC, ESQ., of Washi'ngton, Pa., representl.n~ the. Claimants. ·· •f i' .:: Friday, September 14, 1973, 'at •10:00 A.M., EDST 'i r 1 ~; '. ' ~ .Y..,. .. ~ l · •· 1· .. , ., •• · L r. 1 ·· ··· , ... ·· $-A / .. • • " t,_ f J. . • .• f ··{-t •· 11, '-·"";~-~ •I· ,,., ... "lit '...,,.,·.·. ·~-.. , .,. . ~ ijJJ, \. ... • "": f -.# ~.,. 1 ... ~,. .) . • ll: ~ THE COUB,T: The .. :first case is· the estate .of Ant~ony Hohma h • . • -. Ill • • a:, .,~ . .' .' ~ ~:.: j ·, ., If"·~:;..:;. ~ ·. "':- ' t-.MR R-IDALL·~. ~ . May it plyas_e t_lie, Cpurt, in the estate of A ntho . -r' { .-. .. ... ~ 0 u. .J < u u: 11. .0 Hohmann I pres'enf the Petition Sur• Audit. I'd like· to call ' ~ .-i •.. I : ' I ' . ' . ·to Your Honor's attention there are-two claims whiCh have been presented whi~h are denied. First of all, the claim of Mr. and Mrs. _Leo powney in the amount of $12, 950.00. ' ' - Secondly, the·claim o.f Mr. and .Mrs; Thomas Downey in the sum of $18, 000.00 .. These claim~ are not admitte_d, .Your Hon THE COURT: Are you repres.enting the claimants? J . ~-·. ' ' I . ' e ~ z < > ·.J )o Ill ,Z z Ill 0. i 0 .... (!) ~ :r Ill ·< ~ r: u -. . ·, MR. TERPUTAC: Yes, both claimants. THE COURT: Would you state. your po~ition, please? MR. TERPUTAC: Our position i~ based.on an agreement made dm ing . ' ' . the lifetime of the decedent and we would like to have a hearin ..... '' .' .•• • " 1'1 on the matter, if Your 'Honor ple~se. ;. • ~ • I' 1"'·• THE COURT: How long doyou think it w!ould .take to take evide ce ·· • .J , .._ ' ·, in this matter? MR. TERPUTAC: i ~ ' -(· "'" ~ ~ • I would imagine that I w ~~ld hav:e ab!=>l;lt eight to ten witnesses. MR. RIDALL: I'm not in a posit ion to say at this time. ~ THE COURT: You are talking about a couple days here. Ill 0 ~-MR. !UDALL: I would think so. - u 0 :J THE COVRT: ., We are going to set down both November ls t an( :t 1-,... N 2nd for this. That will begin on Thursday, the first of Novemb=>r, ui a: Ill .... a: at 10:00 o'clock, and continue u'ntil it's completed. And we wil 0 0. Ill a: .... set as ide both the first and seco)1d day of November. You a: :J 0 u .J gentlemen will notify all'parties, is that right? Now would < u ii: ... 0 you .announce this estate please, in case somebody else might be interested in this estat'e? MR. TROUTMAN: If the Court please, Debts and Deductions form has not been filed. l\(IR. RID ALL: They will be file?, Your Honor. MR. ZERMANI: Your Honor, I reci:d:ved no response. '' 1 ·,• ·' I e· ' ~ z < > ... .J )o VI z z Ill ·a. i 0 1-~ ~ :r VI < ::: ...: u a: 1-VI 0 .J < u 0 :J ., :t ... r-N ui a: Ill 1-a: 0 a. Ill a: 1-a: :J 0 u .J < u ii: II. 0 • e ~ ~ :. 4. ~. ' / '.· ' . ~ ; ' ~ f ,. THE COURT: Is there anybody on the Courtroom interested ir , the estate 'of Anthony Hohmann? Would .you come forward, · · please_? Vi,ould ~_au tell us wh~t your interest is? ANDREW BELEJCHAK: We have three children in the Will. THE COURT: What is your. na'me? ANDREW BELEJCHAK·: Belejchak.- THE COURT: Give me your first name~ ANDREW BELEJCHAK: Andrew. THE COURT: Are you reprel?ented by counsel? MR. BELEJCHAK: No . MRS. BELEJCHAK: The children would. be represented by the bank. THE COURT; Mr~ Ridall, would you please explain the situa~ on here?. ' MR. RIDALL: Your Honor, I don't know who these people are. The residuary estate· is le~t to seven nieces and nephews and grand-nieces and neph_ews of the decedent. I assume---there is a Phillip Belejchak and Albert Belejchak who are numbered among'those ffi':e'VC!l!ll'l: --you are riot Phillip or Albert, are you? MR. BELEJCHAK: No. I'm the dad. MR. RIDALL: What is your purpose in appearing this mornin~ .? MR. BELEJCHAK: We didn't know what this was all about.'· THE COURT:. It would'.seem to me that xou folks ought tC? go ,, t ' • ,. ' ... get an attorney so that,yo_u!i rig~ts w il( be prot~c.~ed. If you feel +tl\-' ""~ A .,.1: ... ljj_ • ~ t .p f' of 0 ~ •. ~ ' ' ! .• ,. I I ' 3 . ' '. l II ' . there is any uncertainty here, I would strongly advise you. to . f. • . ' . I get ari attorney. I'd also like you to. know there is going to be a ~ . . . ' ') ' ': . . . '.. ' ' i . ' . ~ "-' ( ll .... -< o4 ' I hearing in regard to .tf?.~ maqers' rais.e~ _by Mr .. ( ;rerputac. arid·· l:., t i', . I '• I . I e • his clients on November 1st and' ind of t{lis ·y~ar:. beginning at 10:00 o'clock on the f_,irst day of Noy.embeFJ. ·I W<?'\-ilcl ~trongly • • 1.· -\_. ~ z < > advise you to 'get an attorney and make-certain thaf your .rights • f • ' ~ I • ' . ~ f •. • • ~ ~ .... ' ·.J )o 'Ill z are 'protected, because if your children are residuary legatees z Ill D. i or devisees under this Will, they are going to be affected by 0 1-C) ~ J: this litigation. They are also going to be affected by any Ill < ~ compromise of this litigation . .: u a: t;; There are roughly $31, 000 in claims that would c .J < com~ out of the r_esiduary estate if Mr. Terputac is successful u 0 :J ., '' in his litigation. So that rnoney would deplete any·potentialleg~cy :J: f-" N of your children. ui ' a: ld 1-a: MR. RIDALL: It .will exhaust ·u, Your Honor. 0 .. o.· Ill a: 1-a: THE COURT: I most strongly urge Y;ou to get an attorney. :J 0 u .J . ' Do you undevs tand? In other words~ don't rely on anybody < 0 ii: II. 0 except your attorney. Mrs. Belejchak, what is your name? • e MRS. BELEJCHAK: Leona Belejchak. THE COURT: Let the. record sho:w th.e parents of the two minors appeared in Court in regard to the children's interest in the residuary estate 9f Anthony Hohmann.· ( AUDIT. CONTINUED ) .. .. •• ,· .. .. • ~ i Hereby certify that,.·t~~~· proceedings and evidence are containe ~ ' ~ , ; ' ' 'j I )o • • ' ;. . 1 ~~ • ., • " l' t t • • ~ fully and accurately in the notes ,takeh, 'J;>y1 p1e.ori the,.hearing. of the above ; . Z ' .~.· ~ ~ ..r, ~ . · .,.~ ., , , • '-. ; , tt _ ,.:~ •.~ ~I Ill a. i cause. and that this copy is ~ correct transcript of the same. 0 1-Cl z J: Ill < ~ ...: u a: ,· I-III 0 .J < u 0 :J ., :t ... "' N ' ·. E .The for'egoing record ~f the' p~oceedings upon the hearing of 1-a:. 0 :!i the above cause is hereby approved and directed to befiled. a: 1-a: :J 0 u .J < u ii: • "" 0 . ' By the Court, '' ......... _ .. ..... ...... '· I .. ··; \I ....... t... ~· •. .-. ......... .-.-.......... -t--~:0.. ... ~· -. -,~ .. ..._, ~-S:~-=-":.:"' ·• ~ ·.,..:;,-: ... 71:.-"~ ... - ' ~ \.H--&.._!~ .. ' ,-.,. ' • k \ 2. ,, '-'J .I ,, !" i ~~ I ., h (\ •. .. 11 J ~l ~ •I .. -~ ,. '' ~ J· I I J ·-··' .·.< ...... . .. ~\ ....... ... \.- . ., ., ,, " \' .. ,, • . . • • ..-,. _, ___ ........ ~ ... __ .., .. . '"0 (]) Ul C1l (]) C) (]) q ""~ I ' u .. oc.r, f..~-p·, ... tr !J .1 v • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ·' ESTATE OF ) ) ANTHONY HOHMANN, ) ) Deceased. ) ORDER ~3-71-G&CX NO. €i 3 fHL 1154 AND NOW, this. 22nd day ?f October, 1973, upon ' . motion of THOMAS J .. TERPUTAC, ESQ., attorney for claimants, and there being no objection by. Pittsbur'gh National Bank,· :E;:x_ecutor of the said estate, the hearing on the claims originally set for Thursday, November 1 . . . . . and Friday, November 2, 1973, are hereby continued, and the hearings are rescheduled for Wednesday and Thursday ------------~------------~~~---------- the 9th day of __ ___:J:...:a::.:n::..:u=a=r-"-y---'---'--------'' 19 7 4 and ..::th:.:..e;__ __ l_O_th __ day of ___ J_a_n_u_a_r!:._y _________ , 1974, at ____ 10_:_0_0 _______ o'clock A • M. BY THE COURT: ,- I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DNISION IN RE: ( ) ESTATE OF ( ) No. 63-71-669 ANTHONY HOHMANN, ( ) Deceased. ( 0 R DE R The Court makes the following Findings of Fact and Conclusions of Law in the above captioned case: . FINDINGS OF: FACT 1. Claimants, Leo and Mary Downey, resided continuously in the State of California from 1944 to 1958. (Tr. 16) 2. C ~aimants, Tom and Marilyn Downey, resided in the State ?f California for approximately six·or seven months"in,'194B and 1949. (Tr. 48) 3. Witness, Marguerite Berty, testified as to a number of . I statements made in her presence over 'the years by Anthony Hohmann, hereinafter called the decedent, regarding his in.tention to will his estate to Tom and Marilyn Downey and Leo and Mary Downey. (Tr. 27-28, 30-37, 100-102) The first such statement was made by the decedent in March of 1949. (Tr. 86) 4. Marguerite Berty testified that in return Tom and Leo Downey were to supply the dededent with room and board. (Tr. 109-110) This was Mrs. Berty's interpretation of what was intended by the decedent when he said, nyou take care of me, P ll take care of you1r. (Tr. 110-112) The decede~t never used the terms rrroom and boardrr. (Tr •· 112) The decedent did not explain to Mrs 0 Berty what he meant by the expression, rryou take care of me and npn take care of yo\lrr o (Tr o 110) 5. Witness, Alfred.H_o Linhart, testified to numerous statements made to him by the decedent during the years 1968 to 1971 to the effect that he intended to will his entire estate to Tom and Leo Downey. (Tr. 116) The decedent never toldMr. Linhart what, if anything, he expected in return • . .. . (Tr. 116-117) 6. Witness, Dennis Lo Downey, testified as to one occasion in 1970 when the decedent stated-to him he intended to leave his entire estate to Leo and Mary Downey. (Tr. 126) Decedent never told the witness what, if anything, he exp:; cted in return. (Tr. 128) 7. Witness, Bart Cerciello, testified that during the years 1961 to 1965 the decedent stated to him on a number of occasions that when he (the decedent) was gone Tom Downey could do what he wanted with the decedent's farm. (Tr. 136) The decedent said nothing about Leo Downey in this regard. (Tr. 136) Decedent never told the witness what, if anything, he expected in return. (Tr. 137) 8. Witness, Margaret Jane Ward, testified as to one occasion in 1970 when the decedent stated in her presence that he intended to leave his entire estate to Tom and Leo Downey. (Tr. 146) Decedent never told the witness what, if anything, he expected in return. (Tr. 146-147) 9. The decedent, a bachelor, resided continuously with his bachelor brother, Leo Hohmann, from 1947 to the time of such brother's death in 1970. (Tr. 59) 10. In 1956 the decedent executed a will leaving his entire estate to his brother, Leo Hohmann. (Tr. 288) -2- • I -f 11. Decedent's last will andtestament was executed on February 10, 1965. By the ferms of this instrument he· bequeathed his tangible personal property to his brother, Leo Hohmann, with the proviso that the same should become part of his residuary estate should his brother predeceasec. him. The residue of his estate was devised and bequeathed to Pittsburgh National Bank in ·trust to pay the said Leo Hohmann the sum of $H~O. 00 monthly for life. Th trustee was authorized to expend principal for the support and health of said brother. The will further directs that ppon the death of the said Leo F. Hoh:r:~mnn that the principal of the trust should be divided and paid in equal shares to seven named niece9, grand-nephews and a grand-niece. 12. The said Leo Hohmann predeceased the decedent. (Tr. 59) 13. It was the decedentls pract_ice over a long period of years to make regular visits to the households. of the vario~s members of his lar:ge family and to have his meals with them and to stay with them in times.of sickness. (Entire record} 14. Witnesses for the claimants have described several periods ' of illness during which the decedent stayed in the Leo Downey residence. In 1956 the decedent had a hernia operation and recuperated for three weeks in thehousehold of his,_ niece, Leona Belej~hak. (Tr. 235). 15. Witnesses. for the claimants have testifi.ed as to the fact that occasional items of laundry were done for the decedent in the Tom Downey , household. Decedent's niece, Leona B,elejchak,. also occasionally washed a few shirts for the decedent: ·· (Tr. 236) 16. Witnesses for the claimants .have testified as to the frequency ' . with which the decedent visited and took meals in the households of the claimants •. The decedent also regularly visited and took meals in the house- holds of other !Tiembers of his family. From 1942 to his death in 1971 the -3- I' decedent visited the residence of his niece, Leona Belejchak, at least twice a week and took at least one meal a week there. (Tr. 243) From 1940 to the time of his death the decedent made regular visits to the residence of his nieces, Irene Raab and Leona Blume, who resided together. The decedent would visit them 2 or 3 times per week and would take meals with them on some such occasions .• (Tr. 282) During the years in question decedent a_lso .. ' ) visited on a regular basis the residences of his niece, Marie Balent, and his sisters, Ida Shaw and Mae Sowers. (Tr. 22?, 248, 293-294) t • -17. In 1952 the decedent purchased a 9. 77 acre farm in Mount Pleasant Township, Pennsylvania, which he owned at the time of his death. (Tr. 176, 268) 18. Witnesses for the claimants have described certain work done on the farm by claimants and others for which they received no compensation. Other persons helped the decedent around the farm without being paid for such work. Andrew Belejchak averaged over the years 6 trips per year to the farm, each trip lasting about 6 hours. Mr. Belejchak helped refinish the floor of the barn, cut grass and cleared trees. (Tr. 261-262) The children of Leona and Andrew Belejchak also worked on the farm (Tr. 262) as did Joe Raab, a friend of the decedent's. (Tr. 262, 289) None of such persons were paid for their work. (Tr. 264) 19. In the late 1950's on two occasions, the decedent supplied cartons of groceries to the Leo Downey household. (Tr. 305-306) 20. Mr. Terputac (Tr. 315-319) made an offer as to possible testimony of the claimants. Said offered testimony was found by the Court to be irrelevant. -4- . I • < t I • . , •' , { " .. j 11 CONCLUSIONS OF LAW • 1 • f; + fj. ' ' . 1. A contract to make a will in a certain manner is recognized ·in Pennsylvania provided the creation of such contract and its terms are proven with clarity and conviction and valid consideration shown. (Fahringer v. Estate of HarryS. Strine, Deceased, 420 Pa. 48, 216 A. 2d 82, 1966) 2. However, because resort to such contracts represents an effort to effect a distribution of the estate of a decedent in a manner different from the orderly procedure of a will, and because of the opportunity for such alleged contracts afford for the presentation of false and fraudulent claims, courts are reluctant to give recognition to such contracts and have viewed claims based on such contracts with misgivings and suspicion. (Fa}iringer v. st:rl.ne's Estate, supra) 3. Every intendment should be most strongly taken against the validity of such contracts. (Fahringer v. Strine's Estate, supra) 4. A contract to make a will or to bequeath by will, as other contracts, must be established by proof of an offer, an acceptance and legal consideration. (Fahringer v. Strne's Estate, supra) 5. The terms of the contract must be shown with certainty and lucidity. (Fahringer v. Strine's Estate, supra) 6. There must be direct evidence in proof of the contract and the evidence must be scrutinized with great care. (Fahringer v. Strine's Estate, supra) 7. The evidence in proof of the contract must be clear, direct, precise and convincing. (Fahringer v •. Strine's Estate,. supra) 8. Not only must the terms and conditions of the contract be well and clearly defined, but the contracting parties must be brought together face to face. The witnesses must have heard the bargain when it was made or must • I a • I • have heard the parties repeat it in each other1s presence. A contract is not to be inferred from the declarations of one of the parties. (Fahringer v. Strine1s Estate;-supra) 9. Evidence in proof of contracts to will falls into two categories: (a) statements or declarations made by the decedent in the presence of claimant and (b) statements or declarations made by decedent outside the presence of claimant. The latter statements or declarations per se do not prove the existence of the contract and are admissible only as corroborative evidence and then only if there is evidence of statements or declarations made in the presence of the claimant. (Fahringer v. Strine1s Estate, supra) 10. An oral contract to will property, consisting of both personal and real estate, is not enforceable in Pennsylvania under the Statute of Frauds. (Stafford v. Reed, 363Pa. 405, 70 A. 2d 345, 1950) 11. The only relief available to a claimant who claims under an oral contract to will which is violative of the Statute of Frauds is the recovery of money damages, the measure of such damages being, not the estate -' promised to be given, but the vaiue of the services rendered on the·faith of <_ " the agreement. In order to recover such damages, it is incumbent upon the I - claimant to prove the making of the contract. (Stafford v. Reed, supr-a) 12. The alleged contract to will under which the claimants claim in the case at bar, being one to will both personalty and realty, violates the Statute of Frauds and is accordingly unenforceable. (The Court refers to the inventory filed by the Executor in this estate.) 13. Claimants in the case at bar have failed to prove the making of the contract to will under which they claim. 14. The claim of Leo Downey for damages arising from the alleged conversion by the decedent of a Mack bu:s rearend, transmission and other tangible personaltybelonging to the claimant is barred by the applicable statut of limitations. -6- .. ... . . 15. The Court properly refused to permit the claimants to testifYi as to matters which were clearly itf.relevant to the issues in the case. ORDER ~ AND NOW, this g~ day of January, 1975, the claim of Leo Downey and Mary Downey, his wife, and the claim of Thomas F. Downey and Marilyn Downey, his wife, are dismissed. Exceptions may be taken to the Order of the Court, the Findings of Fact and the Conclusions of Law within 20 days. If said exceptions are not taken within the 20 days period, this Order will be made absolute. ' ... ( By the Court, ~· J. -7- • #80830-5 In :tlJr <t!nurt nf <t!nmmnn Jltnn nf lfnnf1ingtmt Q!nunty. ~ tlftnnnylnnnin ®rp4nnn • -<ttnurt ilittininn ESTATE OF 63-71-669 No. ______________ _ Anthony Hohmann, Deceased lnthematterofthe First andFinal Accountof Pittsburgh National Bank, Executor ADJUDICATION AND DECREE An now March J 7 , 19_lL, this matter came on for hearing, audit and distribution of this session arfd testimony taken; .and thereupon, upon due consideration there~f.f7t71f S~lance for distribution 'in the hands of the Accountant is determined to be $ ' • and the account is accordingly confirmed; and it is ordered, adjudged and decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and made a part hereof, unless exceptions hereto, be filed sec. _reg. or an appeal be taken here from sec. leg. ~·-; -/ J. SCHEDULE OF DISTRIBUTION Balance per araavat second Supplement to First and Final Account Balance _______________________ ! Deduct Clerk's Costs & Receipts, __ &:_A_d_v_e_rt_i_s_i_n..!:::g~------ Attorney_----,-_ __.,M..,cC~an~n~, ....sG..,a,....r_...l~an~d"-l,..__.,R'""'i"""da~l.._.l"-"&.__..._Bu...,r,_,k~e,__ ____ 1 62.50 32,717.07 Additional Attorney Fee per Petition Russell Marino, Agent -Transfer Inheritance Tax $3,830.83 1,650.00 31,067.07 :251!/tJL 1175 ~ftt: Interest to 4/16/75 593.78 Leona Blume -1/7 residue Philip Belejcbak -1/7 residue Pittsburgh National Bank, Trustee under Will of Anthony Hohmann for Albert Belejchak -1/7 residue #35434-8 Clara Rosswell -1/7 residue Irene Rabb -1/7 residue Marie Downey fno~ Balent) -1/7 residue Donna Belejchak (now Drennin~ -1/7 residue ' . 4,424.61 3,806.06 3,806.06 3,806.06 3,806.07 3,806.07 3,806.07 3,806.07 26,642.46 ~~ -(J i;./! 22,836.40 19,030.34 15,224.28 11,418.21 7,612.14 3,806.07 NO BALANCE ' . 0 > -+-:J z I ~ m .n. VI n ..... 9 .... 0 ::r 0 s: CD "'+ :J 3 CD ..... 0 0 c -+-•-t. ::::: CD }• .., 0 -+-..... ::r CD C'-i .~ T, .. ·. . C'-.J ~Fi ~~-<r ;!_...!. '"' :L.: _J ... , ... .;;t- '. -<:'::> --···.z:: -~· 0 ''~ Q... _L. _,.. <.. c;;; . ' r-:;~ J 0::: -(j) ...,-'~ ::r: '-.l,l :=: ':::J Q (j) c::: w <-1: ~ c:: ;;.: r-'j ---·------------------------""":"'"~--------------... PETITION SUR AUDIT Tostalo Form J IN THE ORPHANS' COURT OF WASHINGTON COUNTY Estate of ........ ~~-~?..?.f!-X. .. l!:?.~!!l.~.fY:f}; __ --------__ .. : -----___ ---_______ ---. __ No. _____ .§J::lJ::.f?.f?.~------------------------------------------- F'd · Pittsburgh National Bank 1 ucrary-------------------------:-----------------.-------.----------------o -----------------~~~£~~~!:: _______________________________________________ _ Deceased Date of Date of Decedent's death ..... ~~~~---~~-~---~?..?.~----------------------------------Grant of Letters .... :-!~~:: ... ?.~-~---~-?.?.~---------------"--------------------- This is the--------~~!:.~-~---?:~~-_f.~~?:.t _____________________________________ account filed in this estate If there have been former accounts filed in-this estate, list file number or number and term ___________________________________ _ Election to take Under or Against will. (cross out one) Date Election Filed Place of; None Record ----------·-------------------- Name of surviving spouse ..... :~~~~-------------------------: _______ _. ______________ -.-----,-------'--------·----------------------------------------------------------- List issue, where material: None \ Did decedent marry after execution of will? (indicate) Y¢i.(No) Any children born after execution of will? (indicate) 'f(~t.( No. )If answer yes, name them ...... ~---------------------------------------___________ :_: _____________________ .: ____________________________ ;: _____________ --· ------··---------------·-----··------------·------------------------------------------------··---------------:. .................. : .................................................................................... : .......................... ---- Leg.atees Relationship Pittsburgh National Bank None Leona Blume Niece Philip Belejchak Grand..:nephew Albert Belejchak Grand-nephew Clara RossweU Niece Irene Rabb Niece Marie Downey(now Balent) Niece Donna Bele.jchak(now Drenning) Grand-niece List, if exceptions to above: Adeemed: Revoked: Leo Hohmann, Life Tenant, predeceased testator / If. partial intestacy, give .facts: Interest Fiduciary, if deceased or not sui juris Entire Residue Trustee under the Will of Anthony Hohmann for-Leo Hohmann, brother,life tenant 1/7 Residue . 1/7 Residue · P. N. B_. -Guardian for Minor 1/7 Residue P .·N .• B .• -Guardian for Minor 1/7 Residue 1/7 Residue 1/7 Residue 1/7 Residue Lapsed: X Abated: Give Cause: Notice to interested parties. Have all parties, having either vested qr contingent interests and all credj_ors entitled to notice (Cg_urt Rule No. 9 paragraph <:;: Se<;tion 6: Suodivision c) received written notice of the filing of the account and of c:;:all of audit? (Yes.) 1)(16_ If t- - s . No exceP.tions any excep ron grve cau e .. ----------------,----------------·---------- ,• File copy of Notice and date of. ma iIi ng. -· __ ..... ---~::J?.~-~!!1.9.~-~---~-'-.. ~-9.?. ~ ....... -·---·-........ ---·. --.·-.... ----........ ____ ... __ ...... __ -· ......... _ .. _ .... _ -·. _. _ .. ________ .... .. Is estate subject to the filing of a Federal Estate Tax Return? ..... ~~---··········································································· Actual payment made on Pennsylvania Transfer Inheritance Tax. Amount $ ........................................................... . If the Will makes any portion of estate subject to a life-estate, give name and birth date of life tenant ..................... . L~~--~~~~::~~ ... : .. !:.~.~.:.}.:!!.~.r:.~ ... r:.~~e:.~ ... ~.r:..Y!.~.~-~---P.:.~~~~~~~~~--~~-~-~~-~~.: .................................................................. . Give Names and addresses of all unpaid creditors who are legally entitled to notice, tog.ether with the amounts of such claims; state whether they are admitted to be correct; and whether the claim is denied. Mr. & Mrs. Leo Downey, 1832 Lynn Avenue, lurtle Creek, Pa. Claim in amount of $12,950.00 attached hereto. The amount of this claim is not adrnitt.ed to be correct and the claim is denied. Mr. & Mrs~ Thomas F. Downey, 660' Somerville Drive, Pittsburgh, Pa. Claim in amount of $18,000.00 attached hereto. The amount ·of this claim is not admitted to be correct and the claim is denied. Give reference to such parts of the will as require interpretation by the Court; a reference to all questions re- quiring adjudication, and a statement of any other facts deemed necessary for the preparation of the adjudication: None· "f,~ ., Balance for distribution per Qccount, Itemize any additional debits not shown by account: Principal-Personalty Income-Personalty· (See Su~plement t& First and Final Account attached hereto) ,. ' Totaf:additional debits (Add) $ .. ~-~?84 0 6 7 ------------·-··············· Itemize any additional credits not shown by account: Per S~pplement to :.First.·; and Final Account: $3,776.46 Notary Fee for Petition ' 0 75 Total additional credits (Subtract) $ .... ~.17.n.~.?J. .............. . Balance for distribution 31,222.59 $: ... 1).~~~ .. -~~---··········-·- $ . .3Q4-.'i22.,5.~---············· If balance for distribution is. not in cash, list each item 'held in kind, giving appraised Value (or distribution Value); Balance consists entir,ely of cash. J "\ .. ----·---~~ --~··'· -·--··- I If Family Exemption claimed by Petition, give place of Record: .... NRn~ .. ~1e.tm.e:.4. ______________________________________________________ 1 If Family Exemption is claimed at audit, give name, relationship and basis for Claim:J~2g~-----······--------·········-----····-· List any advancement or distribution on account that has been made, and nature and amount of same: None Suggested distribution of balance shown, both as to principal and income, attaching signed and itemized elections to take in kind if balance is not in cosh: residuary shares being stated in proportions: .. I' -· ~ Residue after costs of Audit to be distributed as follows: Leima Blume :, Philip Belejchak· Albert Belejchak Clara Rosswell Irene Rabb Marie Downey (now Balent) Donna Belejchak (now Drenni~~) COUNTY OF WASHINGTON, SS: COMMONWEALTH OF PENNSYLVANIA l/7 Residue l/7 1 Residue l/7 Residue 1/7 'Residue . i l/7 Residue l/7'Residue l/7 Residue The above named Fiduciary or representative thereof,· '• b · d 1 sworn d h d · ·· · d emg u Y--------------------------------------ot_ __epose ~n SC!Y that the facts set forth in the foregoing petition are true I • And your petitioner will ever pray, etc. to the best of .......... hi.s ................ knoY!Iedge and belief. --------~-~?.:.~------------------------------to and subscribed before /·-L.4 ~-_/1,~, me this.k:;~vday of.... . ~~ .... 19 . .?) ... Signatu.r~ of Of~-:· ... 1-,.-:--~--'-----~~ ~._ _", ·~; ~ Title ~{Offi~er ... ~~~~-r .. ~~~-~-~~:N~~~~~! .. ~~~~--p·········-~---····· , ~ -_, Amwell .Townsh1p, vv esn~ngto11 ...o., •· -. . c~ My Cor':mi~slon Expires Aug~d 2D, 1977 Office ex~~rf~---~-~~~·'\'~-}~·-······''····································· --~~-~-~-E!!?::E_g_l: __ !i~-~-~-?-~~~---~~~~------···-··-······-·-···············- .. BY.'-~~-'--~---··············· · · Assistant Trust Officer .................................................................................... ~ ......................................... .. >. 0~ f._ (.;..-.,.. •\ No. . . ___ .63. :-.?.L:-.6. 6.9. __________ , ______________________ .. Estate of Anthony Hohmann ...................... -..... -----........................................................................ -............ .. Deceased Fiduciary ... P.itt~lm~gh __ Nf4.t;:i:Qg§J .. ~-~D-~------- Executor ................... ----......... -................ -----..... --.. -------.... ----.. -----.. ::-------.-.. ., .. ----.. -· PETITION SUR AUDIT FROM WHERE DECEDENT LEFT A WILL Counsel of Fiduciary will submit herewith the following, in conformity with Court Rules adopted effective December 3, 1951, being rule No. 9: paragr;aph b-e; and divisions thereof: shown on pa'ges 23-24. 1. Written praecipes of all Counsel in the case. 2. Copy of order appointing Guardian ad litem, if pertinent. 3. Copy of Order appointing Trustee ad litem, if pertinent. 4. Proof of service of above. 5. Letters Testamentary or Administration C. T. A. or an attest copy of Will. 6. Copy of inventory and appraisement. 7. Proof of advertisement of grant of letters if not filed with account. 8. Certificate of liens in case any of the funds for distribution are from judicial sale of real estate. 9. Signed and itemized elections if any distribution in kind. 10. Copy of Federal Estate Tax return if es- tate is subject thereto. ~-<;_<;:_~E.t.:l.L.9..~E~-~-~~-L.?:~~~~} ... ~--~~~~~----······· Attorney ~2 -;~\ (--:., 1,-...,! .-.,...) '" / ' ,.< ' ,, ,' ' --; p.:C~ '~' \ r ~~~,~~ -'. / r .... ~ "~> '.f'J ',-< ,-? 0' .~ } ' ' 1 -..... = ·;-;\. 1..' hi -· < ~-... ~ ..... ~~' ( ...(,~ ,'-'·. t "' ./-f J ~' _( :) ~ ........ --' / f. ,I I . • I . ('" , " ··-r. -·11· •'· · tf, .... \ ) 't ~ ' • • ' ~ .. '·• ' l ; '. j I !\ . \ "~ .> lL;-, .. ,. •, _,, ,(_,..... '- i I ~~~ ,~:, ~- /1!"' ~ & ..... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA Orphans' Court Division IN RE: ESTATE OF ANTHONY HOHMANN, Deceased Edmund W. Ridall, Jr. McCANN, GARLAND, RIDALL & BURKE ATTORNEYS AT LAW 3718 MELLON DANK BUILDING 525 WILLIAM PENN PLACE PITTSBURGH, PENNSYLVANIA 15219 --------------------------------------------------------------~- ) '\ If. \J IN RE: '-. ... ' ., f '· ; •• ' j IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA .o~phans' Court Division I .:·... ,,. ; " ~ ·:~ t ~ '/. ' .. ( r I • . ) ) ESTATE OF ANTHONY HOHMANN, ) NO. 63-71-669 ) ) Deceased ) SUPPLEMENTAL PETITION SUR AUDIT TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of PITTSBURGH NATIONAL BANK, Executor of the Estate of Anthony Hohmann, deceased, respectfully represents that: 1. The decedent died June 16, 1971, testate, and at that time was a resident of Cecil Township, Washington County, Pennsylvania. Letters testamentary on his estate were granted to petitioner on June 29, 1971. 2. On or ·~bout June 25, 1973 petitioner filed its First and Final Account as Executor of this estate, which said Account was called for audit and confirmation before Your Honorable Court on September 14, 1973. A Petitio.n Sur Audit was presented to the Court on such date. 3. Said Petition Sur Audit listed as unpaid creditors whose claims were denied the claim of Thomas F. and Marilyn Downey in the amount of $18,000.00 and the claim of Leo and Mary .Downey in the amount of $12,950.00. 4. A hearing on the aforesaid claims was tried before Your Honorable Court on January 9th and January lOth, 1974. Oral argument was presented to the Court by counsel for the parties on July 10, 1974. By Order of Court dated January 8, 1975 the claims of the aforesaid claimants were dismissed and leave given to take exception thereto within 20 days. 5. No exceptions have been taken by claimants to the Order.of Court dated January 8, 1975 and, accordingly, the same has·become absolute. . , ' .. ', '1. ,. ' .. {-., I D 6. Counsel for petitioner is Edmund W. Ridall, Jr., Esquire, 3718 Mellon Bank Building, Pittsburgh, Pennsylvania. On August 22, 1973, said counsel was paid the sum of $1,950.00 for his services in.acting as attorney for this estate. Said counsel has presented to. petit.ioner a claim for additional compensation in the amount of $1,650.00 for services rendered in connection with the trial and disposition of the claims of the persons aforesaid. Petitioner is of the opinion that the amount of such requested additional compensation is reasonable and proper and requests Your Honorable Court to approve payment of the same. 7. There are no further matters requiring adjudication by the Court. 8. Petitioner has prepared and has attached hereto a proposed form of Adjudication and Decree in this estate. WHEREFOR.E, your petitioner prays that Your Honorable Court confirm the First and Final Account as filed and award the balance for distribution to the parties entitled thereto. ,, . ' J ,... •· .¢."-~ • ·. , ..• t . _,' .... · ..... f"" • .. f I . ·, PITTSBURGH NATIONAL BANK Ass·istant . , .. . .. -2- I ,I •• t TR-2 FII'V. "·112 '• • -~ . • IN THE COURT OF Cot1I'10N PLEAS OF WA.SHINGTON COUN'l'Y, PENNSYL'Il.ANIA- ORPHANS' COURT DIVISION • . ESTATE CF ANTHONY HOFl-'IANN 1 DECEASED SUPPLE1>1ENT TO FIRST & FINAL ACCOUNT · -PITISSURGH NATION~l BAf\H-{ EXECUTOR. • NO. 80830··5 PITTSBURGH, PA. AUGUS'r 22, 1973 S U M r-1 'A R Y · SCHEDULE A PRINCIPAL -PERSONALTY - I Receipts Disbursements Page 3 Page 3 SCHEDULE B Balance INCOl-'l'..E -PERSONALTY 1Rec"eipts Page 4 I Disbur~~l!l~!l_t_s ____ }~~g~ _ 4 _ _. · Balance SCHEDULE C PRINCIPAL -REAL'l'Y Receipts Page 5 I -. · D.~sbursements Page 5 Balance NET BALANCE _.;.-.=:--=-=====--· --------------..,-===-----===·==-r- ,. 34,408 59 6!834,00 1 I Ll I ! I I I I . I ! I 27,574! 59JI II . . . ~-I . I !. i I I I I -I l '·~.- ! . . I I I ' 'I 3,276' 35 1 .1 ~~I ~---3?_7! 65~1 . !! . I I j h ,,· ,,, . 2,9481 7011 i I I ,, i I ,. I I I jl II II !I I· I I I II !I lj i! i I i I' II l'l' I i. II II 'I 5 1 0 0 OJ iJ 01! II j ij . H __ _?-!..90<~.· 2.2J, ! i! I I ' ~~ 1 II o.J~ II j :; I I . ' h I I, 10 5'"3! ·JnlJ II -f L.. i ....... <! ! li I -li :=.:::...-=-.-=:::.::-:.:~:.::::_~~ I . l' I l 1 jl I 1 I jl l ! l' I , i i 'I I I 1. ! 't! It II ' II I, I h lj I I. I I II I -11 !I I ,I ll ! il !i ! :, ;: ; ;, a I ' ~ I I ·I -_:_~ -.; --·--~-----.~ ...... ~ ----.............. ~---~--~----·· ... '--;:;:_~;::---'--...... -.._,.--..... ~--··~----.....; ..... ~- ANTHONY HOHMANN • 2 -A REV. g. 62\I1'HE BALANCE CONSISTS oF THE FOLLmHN~ \PRINCIPAL-PERSONALTY Cash . ' INCOME -PERSONALTY t -2- I I 'I I, . ;. -l h il • • I _27,574,59 I I' I . I I I I I 'I II ,I 'I I ,! II II II ,, II ;I " 'I !l " I 973 ug. 973 ... .. ANTHONY HOHHANN PRINCIPAL -PERSONALTY RECEIPTS Per First & Final Account filed t Sale of Assets Without Gain or Loss 22 ,!Proceeds sale $29,000 General Co. Demand Note @ 100 · Carrying value · 22 !'Proceeds sale $2,000 General i Acceptance Corp Demand Note I @ 100. Carrying value Electric 29,000.00 29,000.00 l\1otors 2,000.00 2,000.00 Miscellaneous II 1 Refund of unused port1on of amount reserved 1 re filing account . DISBURSE.t-1ENTS Per First & Fin~l Account filed · Administrative Expen~es ,Aug. 22 McCann, Garland Ridall & Burke Att.orneys fee 221Pittsburgh I Executors I I I National Bank compensation -3- ' 1 • 34,381 591 I I i I 0 00 - 0 00 1,950 ool 1 . I I ! 1 7 ?5 oo·1 .., 67,.1 00 11 1 ~ II ~, , ;) I , J II I ~~--··-~···--t---,, I !'I 6,834i00,, I I ·'""""""=·=' lj I i II I I 'I 1. !, ,, I ,, I '· !I I I II li I' ,I ,, •I I II I il I ii I !I : I . I I I ~I I II I I 11 ,, l ll I li I II i q :: ·2 I I ) ANTHONY HOHHANN -A REV. 9·62 SCHEDULE B ' . INCOME -PERSONALTY • RECEIPTS !Per First & Final Account filed lrnterest: Demand Notes· t !General Electric Co . I $29,000 to 8/22/73 jGeneral Motors Acceptance Corp I $2,000 to 8/22/73 .. DISBURSEMENTS Per First & Fipal Account filed F~e for preparation&filing of I Fiduciary Income Tax Return !Executors compensation I . -4- 1972 Penna • ,·. ,, d I I 20 00 I 81 461 I - I I I II 1,918 68 I 1,263 35" -I 94 32, -,, I 3,276 35 1 I I 226 19j I I l1 101!46 il ' I I 1 I I . I . I I II I. I' i I II II I il ,, I I I I I ,, I I I !I I i I " I h :I :I I J!· I ,I ! I I • 9-. , • AN'I'HONY HOHHANN • -· -I' .. , .. . SCHEDULE c J PRINCIPAL -· REALTY I •I ' • ' :RECEIPTS .. I ' . . t I Per First & Final Account Filed 5,000,00 I I ! . --.. I I I I I I I I I I . I ' I I I . I I . \ DISBURSEMENTS I \ ! I I I I I s,o~or_~~~ ' !Per First & :F'inal Account Filed ' ! jl I -' ! ,, -··-------------~--~ ·-·--·--.. I 'I ----·-· .. -- I I ,) I ,, I I i I I I I II I I II i i' ! ' I I I. I i I I -5-I I , I I II I I I ~l,IK I I I II - I . .I ! ~ i I II I l! I I " ,I ~ --: ~ I ' I -, TR-2 RE'll. il-62 -• NO. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ANTHONY HOHMANN, DECEASED SECOND SUPPLEMENT TO FIRST AND FINAL ACCOUNT OF PIITSBURGH NRTIONRL BRNH EXECUTOR 80830-5 PITTSBURGH, PA. JANUARY r20, 1975 SUMMARY ., ------- SCHEDULE A PRINCIPAL -PERSONALTY Receipts Page 3 34,408 59 Disbursements Page 3 6,952 25 Balance '"""'· 27' 456 SCHEDULE B INCOME -PERSONALTY Receipts Page 4 6,206 98 Disbursements Page 4 883 75 Balance 5,323 SCHEDULE c PRINCIPAL -REALTY Receipts Page 4 5,000 00 Disbursements Page 4 5,000 00 Balance 0 NET BALANCE 32,779 j 34 23 00 57 --------- ' t' :J ,, ,.~ -. I ANTHONY HOHMANN TR-2-A REV. 9-62 THE BALANCE CONSISTS OF THE FOLLOWING: PRINCIPAL -PERSONALTY Cash 27,456 34 INCOME -PERSONALTY Cash 5,323 23 32,779 57 i I I I I I I I I I -2- ---------------- ANTHONY HOHMANN , TR-2-A REV. 9-621 SCHEDULE A PRINCIPAL -PERSONALTY RECEIPTS Per Supplement to First and Final Account 34,408 59 Assets Purchased Ford Motor Credit Co. Demand Note 10/29/73 27,000.00 I 11/2/74 27,000.00 I 1/2/75 27,000.00 I Conversion of Assets Without Gain or Loss Proceeds sale Ford Motor Credit Co. Demand Note @100, as follows: 12/28/73 27,000.00 Carrying value 27,000.00 0 00 112/30/74 27,000.00 Carrying value 27,000.00 0 00 11/17/75 27,000.00 Carrying value 27,000.00 0 00 0 00 34,408 59 I - DISBURSEMENTS ' Per Supplement to First and Final Account 6,834 00 Administrative ExEenses 1973 Sept. 10 Joseph W. Linn Reimbursement for notary fee 75 1974 May 8 Jacqueline Hammond Official court stenographer transcript of the hearing held 1/9/74 and 1/10/74 112 00 1975 Jan. 15 Russell Marino, Register of Wills Clerks audit costs re claims against the estate 5 50 118 25 6,952 25 I i I ' I -3- ..J ' ... ANTHONY HOm.fANN TR-2-A REV. 9-621 1974 SCHEDULE B INCOME -PERSONALTY RECEIPTS Per Supplement to First and Final Account Interest -Short -Term Investments Ford Motor Credit Co. Demand Note 27,000 to 12/28/73 1 27,000 to 12/30/74 27,000 to 1/17/75 DISBURSEMENTS Per Supplement to First and Final Account Jan. 25 !Penna. Department of Revenue 1 1973 Penna. Fiduciary Income Tax July 29 !Fee for preparation and filing of 1973 I Penna. Fiduciary Income Tax Return 1975 Jan. 14 Penna. Department of Revenue 1 1974 Penna. Fiduciary Income Tax 14 Internal Revenue Service 1974 Federal Fiduciary Income Tax on accumulated income 20 Transaction charge on sale of Short -Term Investments Executor's compensation SCHEDULE C PRINCIPAL -REALTY RECEIPTS Per Supplement to First and Final Account DISBURSEMENTS Per Supplement to First and Final Account AC:sc -4- 386 54 2,450 30 93 79 41 14 20 00 49 00 255 12 15 00 175 84 3,276 35 2,930 63 6,206 98 327 65 556 10 883 75 5,000 00 5,000 00 , PITTSBURGH NRTIONRL BRNK PITTSBURGH, PENNSYLVANIA 15230 TRUST DEPARTMENT 80830-5 March 10, 1975 Chris Vlachos, Audit Clerk Orphans• Court of Washington County Court House Washington, Pennsylvania, 15301 In re: Executor, Anthony Hohmann, Deceased Dear Mr. Vlachos: In accordance with your letter of March 4, 1975, we are enclosing photostatic copy of the Supplement to the First and Final Account in the above estate. GCG:ld enclosure cc: Edmund W. Ridall, Jr., Esq. Yours Assistant Vice President Form H.CC-:J~l RESIDENT DECEDENT COMMONWEAlTH OF PENNSYlVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COllECTIONS ' .~ ' COUNTY OF . WASHINGTON IMPORTANT: 'fhis return must he completed in detail and filed in duplicate, with will attached, with the J,leg.ister of Wills of the County where decerlent resided; Return is due within one year after date ot' death, unless an extension is granted hy .the Secretary of ltevenue. (Section 70~1 of the Inheritance and Estate Tax Act of 1961..) IN THE Mf\TTER OF THE ESTATE OF } AFFIDAVIT OF ... EXECUTOR ~X County . _. .... Antho.ny .... Ho.hmann... ..... .. ................................. . (State full name of decedent) Washington Late of ..... County of .. W~ehiJ:lgtQl:l of the estate of the -above-named decedent beipg duly swom, depose and say Decedent died . . June. (Month) .... 16 .... , 19 : ..... ]1,) t~state leaving a last wi,ll, copy of which is hereto attached. } (flay) (Year)· l.wi!~X*•x Name and address .of. attorney .or} other author~~ed representative to who~ all correspondence should be mailed. . ,· .• ) . -' . Pittsburgh NatiqnaL Bank .............................. . . 6 South Main Street Washington, Pa. 15301 Th t h . Executor . d t · f 'I' . 'th. th ff · f 'd t t d th rt a . as sue .......................................... ,............ eponen .Is am1 1ar WI e a a1rs o .sa1 es a e an e prope y con- • .. (l•:x.,rut.pr-~~ Rtituting, the a~sets-thereof and their fair market Value .. • ~ o' • ' '' \ • ' • < ' I ' That· at the.time.of.death there was no safe deposit box registered in decedent's individual name, or jointly with, or as .agent or deputy o{ ~nother, orin decedent's ,individual name, with right of.,access by another as agent or deputy, with the exception of the following:- NAME AND ADDRESS OF. BANK OR OTHER-INSTITUTION IN WHICH DECEDENT REJIITED. ·A SAFE DEPOSIT j30X THIS SAFE DEPOSIT BOX RENTED IN NAME OR NAMES_ OF RELATIONSHIP OF JOINT HOLDERS TO DECEDENT ------------------------------------------------+-------------------------~----~------------ ' ' I • ~ " That the. contents of ~f.!.id s.afe deposit bo:x; or boxe!;) are i tem:J,zed .under Schedules ___ of this return, with the. exception of .the following, for the reasons herein!J.fter set forth: That Scf>eduJe. A attached hereto and made part hereof sets forth fully and in detail all the real property in the Commo11wealth ,of Pennsylvania of which decedent died, having an int~rest therein.· It also sets forth the mortgage encumbranc~!;i upon each parcel.of real property at the date of death, giving the amount still due at death, name of mortgagee, date, rate of interest, and book and page of record thereof. It also sets forth in the colwnns .Provid~d .therefore the assessed. valuation of each of s~i.d. parcels, the estimated market value thereof as of date of death of decedent. . . . ' . That Schedule B attached hereto and made part hereof sets forth .fully and in detail all personal property wheresover situated ownerl by the rlecedent at the time of death; all moneys left by the decedent at the time of death, whether in decedent's immediate possession, standing to decerlent's credit in banks of deposit, savings banks, trust companies, or other institutions, -whether iridivirlually, ·or in trust .for any other person or persons giving also separately the accruerl interest thereon, if any, down to the last interest c:lay prior to rlecedent' s death in the case of savings banks, and to the date of decedent's death in all other ~as~s; ail bonds, postal savings, treasury ce;tificates or notes and other evidence of in- debtedness of the United States to. the decedent; all obligations, whether by statute or agreement they are designated as tax free, ·or .the United States, or any state, or political subdivision thereof, or of any forei.;n country, which are owned at the time of death; all wearing apparel, jewelry, silverware, pic- tures, hooks, wor;ks of art, household furniture, horses, carriages, automobiles, boats, and any and all other p.ers.ona1 chattels of whatsoP-ver kind .o,r nature, left by decedent? together with the fairly estimaterl marke.t: val11e ·thereof'; all bonds and mort,gae:~s held by decedent and of ,all claims due and, owing decedent at thP. time of rieath,. anrl all promissory ,notes or other ins;truments in writing for the payment of wl1ieh . .<iecedent riied possesse~,. of whatsoever. nature, with interest ,thereo~, if any, giving valu~ ciTI'l estim,tter! fair. market value thereof, am!. if such estimated. fair market' value be less ... . . . . . ' ' ' . . of money the face than the f'<tce \-alue, it sets forth briefly the reasons for such depreciation as to each item; all moneys payable to the estate from life insurance polici'es carried by decedent; all annuity anrl endowment contracts the rroceeds <Jf which were payable upon the death of the decedent; and all the corporate stocks and dividends 'h''' thereon and unpairl as of the date of death, bonds and accr11ed interest thereon to the date of dece- dent 1 s death an<l other investment securities owned by the decedent at the time of death, with the market vaJue thereof' at such time. J In tltt> ease of secnrities of close or ramily corporations, the val11es reported are as far as pnssibh> Sllbstitntia·t.-rl ·h~-financial statements of the corporations, showing the assets anrl·liabi.lities thPrPof ;1s of the .. <i11te of de~tth. The schedule also s~_ts f.orttl th~. i.nter.e!;!t of .decedent .n.t the time of ,leath in Hn~· en-partnership or business, and in support of the value of such interest there i~ annexed to said sl'ltt'd.nle, financial statements showing the assets and li.ahilities of sa.irl ~o-partnership or business • . \ <'<lJ1Y <>f' tllP co-partnership agreement, (it' orai, a statement setting forth the natnre of the ~tgreement) t,)gt>th<'r with a statement setting forth the character of the business, its .location,. and such other facts l'Prt;lining to the bnsiness as may he pertinent to a fair and _just ap[>raisal ·of th~ rlece.dent' s interest tlwrt>in :nnst he submittP.d, It should also set forth in itemized form, together with the f.air market_ value thereof, any other propertJ· owned or beqveathed by the decedent at the ti.me of rteath. ·.-. •" The Sct>edule C attacherl hereto and made part hereof sets forth a true answer to each inquiry contained therein and in the case of transfers ofproperty, real or persnnal, within two years of decedent's death. in contemplation of decedent's death, or intended to t.'l.ke effect in possession or enjoyment at or. after death, sairl schedule sets forth the nature and value of such property, to whom transferred, the relationship of the transferees to the decedent, the proportlonate share received by each transferee and all other facts of a pertinent nature regar(Ung sa.id transf~rs.'··'rn the 'case of transfers intended to take effect in possession or enjoyment at or after dell.th, there is also·attacherl to the schedule a copy of the deed, trust agreement or otl1er instrument creating the trust. TherA is also set forth in said schedule a list of all property, real and personal, with its value, which pa!':ses at decedent's death by virtue of the exercise by decedent, either individually, or jointly with another, or any power of appoint- ment vested in decedent, either individually or jointly, by the will, deed, or other instnnnent of another, with a copy of the ins trurnent creating such power attached to the schedule. That Sct>edule D att!l-ched hereto and made part:. hereof sets forth the nll.mes and addresses of all persons· beneficially interested in this estate at the time of decedent'-s rleath,'. the nature of their res- pective interests, their relationship, if any, to the decedent, together with the ages at.the time of decedent's death of all minors, annuitants and beneficiaries for life under .. decedent's Will.· It also . . .. . contains a statement showing which of the beneficiaries named in the decedent's will," if any; ''died prior to decedent, the dates of their death, their issue, and the relationship· of such issue to the beneficiary._ That Scf>edule E attached hereto and made a part hereof sets forth all property, real and per- sonal, owned by the decedent jointly with another or others, including intangible,: staT)d:fng in the-name of the decedent and others, plus the date and place of record of lnstrumen_ts effecting the ·vestiture 'of real estate and the ,date of acquisition of personalty, pl,us the name? address aT).d relationship, if any, of co-owners to the .decedent. That Sct>edule F attached hereto and made a part hereof sets forth fully and in detail all debts and deductions claimed for and on behalf of this decedent'.s estate, inclurling funeral expenses paid; family exemption, where applicable; costs of administration of this estate; counsel fees and fud.iciary' s commissions paid or to' be paid; cost expended for burial trusts, tombstones 9r gravemarkers, and reli- gious services, in consequence of the death of the decedent; debts and claims owing and unpaid at time of death; taxes accrued chargeable for period prior to decedent's death (except those allowed under Section 651 of the Inheritance and Estate Tax Act); together with a statement of collateral pledged for obliga- tions, if any. It is agreed that the fiduciary wiU present proof of said' claimed obligations upon re- quest, that if the amount actually paid in settlement of any fee, commission or debt is I'ess than the estimated amount claiming and allowed, that the same will be reported to the Register of Wilis, and that the amount of tax assessed can be reassessed in accordance therewith. That the totals of the appropriate column!;1 in Schedules "A", "B", "C", "E", and "F" as directed therein, have been carried forward and properly registered in the SU!IUnary. . . Subscribed and sworn to before me this ................................ . .............. ~ .... 4ltvL ..... day ~'<L'~f ..... 1923 .................. " . ,Q.,,(!Ll. "{.:~ ./?t.e. . ~ t"'-_CA-c_~~ " " .......... . ;···... r.,. GEORGIA P. RNARAS, Notary Public Plttsb h, Allegheny Co., Pa. My Commission Expires March 15, 1975 '"' . . f ct· L--~~~~~"""""""""""'""""""'''''" ..6 .... S.outh ... Main. ... S.tr.e.et: ........................................................... . washingl.§lr,e~lh"h"lt~er) 15301 (City or Town and State) ~OTE: Before stgning affidavit make sure all blank spaces in the affidavit. and schedules annexed are f'i lled in with de tails or the worrl "None", and in case the assets include rare anrl unl is terl securities, securities of ~lose or family corporations or an interest iT) any co~partnership or business, that the rlata and statements required under the paragraph above relating to Scherlule "B" are attached. Also make c<;rtain that column #1 in the "SuJTUllary" has been properly completerl as above-directed. RCC-3,4 (i-64) COMMONWEALTH OF PENNSYLVANIA DE.~RTMENT OF REVENUE BUft'EAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE .. A" REAL PROPERTY Real property in Pennsylvania, with statement of mortgage encumbrances upon each pmcel at death of dece- dent. Where property held as joint tenant or tenancy by entireties, report on Schedule "E". Property held by the decedent as tenant in common with another or others, should be identified as to quantum of interest and the estimated value should be that of the decedent's interest only. (1) (2) The real property located In the Commonwealth of Pennsylvania should be described by lot and block number, street and street number, together with a general description of the property, with a reference to the record of the conveyance by which the decedent took title; if a farm state number of a- cres; also statement of mortgage encumbrances upon each parcel at death of decedent. Taxes, assessments, accrued Interest on mortgages, etc.,are to be listed on Schedule "F" and must not be deducted from this schedule. ASSESSED VALUE 9.77 acres •92 perches of land, Improved having erecte:i thereon a 1~ story frame barn containing 2 rooms and one car garage, off L.R. 62031, Village of Hickory, Mt. Plesant Twp., Washington County, Pa. FOR YEAR OF DECEDENT'S DEATH Insert this total opposite "real property", Schedule "A" in the "As Reported" column on the last page of this return. XX XXX ESTIMATED MARKET VALUE 5,000. 5,000. kd/7.~ (3) DEPARTMENT VALUATION CAUTION (Do not write In this space) CpMMONWEALTH OF PENNSYLVANIA 1RANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "B" PERSONAL PROPERTY INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually by the decedent, at the time of his death. Property owned by the decedent jointly with another or others must be listed under Schedule "E". Intangible personal property, titled in the name of the decedent, but payable at death to another or others, including but not limited to P.O.D. U. S. Savings Bonds and tenta- tive trust accounts, must be listed, despite the fact that they are not of the administered estate. Tangible personal property should be listed first (e.g. jewelry, wearing apparel, household goods, and furnishings, books, paintings, automobiles, boats, etc.) Intangible personal property, such as bonds, treasury certificates, cash on hand and in bank, stocks, mortgages, notes, together with accrued interest or dividends, salaries or wages, insurance pay- able to the estate or fiduciary in said capacity, partnership interests, interest in anyundistributed estate of or income from any property held in trust under the will or agreement of another, even though located outside of the State, at the time of death, should be listed in this schedule. Item ITEM UNIT ESTIMATED DEPARTMENT VALUATION No. List and describe fully VALUE MARKEr VALUE (Do not write in this space) As per attached schedule 01 .mY. 29,176.59 '-~~ /76,0 Insert this total opposite "Personal Property", Schedule "B" in X X 29,176.59 ~J; 176. o/ the "As Reported" column on the last page of this return. &.-. .r/7~ I~JVE TORY of all real and penonal estate of .......... ~~~~~.X:.~J!~~-~-~~---························································ .................... de-ceased, late of .................................. · .......................... Street ....................................................... City ............................................. Ward ........................................................................ Borough ..................... Cecil ..................................... Townahip, Pennsylvania. SMK PERSONAL .ESTATE SCHEDULE Pittsburgh National Bank Certificate of Deposit dated 4/3/71 and due 4/3/72 with interest @ 5.50% Pittsburgh National Bank Savings Account #65-174593 Union National Bank Savings Account #71-001355-8 1969 Ford Station Wagon Household Goods, Equipment, Machinery & Tractor Westinghouse Electric Corp. Death Benefits West Penn Motor Club Refund on membership ·Treasurer of the United States Check for underpayment of Social Security payments during life time of decedent Cash belonging to decedent 5,000.00 13,695.62 3,829.15 1,075.00 2,295.25 3,000.00 6.25 68.00 207.32 29,176.59 RCC-3& .:COMMONWEALTH OF PENNSYLVANIA t TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "C" TRANSFERS (1) Did decedent, within two years of death, make any transfer of any material part of his estate, without receiving a valuable and adequate consideration therefor? (Answer yes or no) No (2) Did decedent, within two years of death, transfer property from himself to himself and another or others (including a spouse) in joint ownership? (Ans.wer yes or no) -N&.>~~.~0--- (3) If the answer to (1) or (2) above is in the affirmative state: (a) Age of decedent at time of transfer . . . (b) State of decedent's health at time of makirig ·the t)'ansfer~ (Note 1). ' (c) Cause of decedent's death. (Note 1). (4) Did decedent, in his lifetime, make any transfer of .property Without receiving a valuable or adequate consideration therefor which was to take effect in possession or enjoyment at or after his death? (Answer yes or no) No (a) Was there any possibility that the property transferred might return to transferer or his estate or be subject to his power of dispos:ition? (Answer yes or no) ____ _ (b) What was the transferee's age at time of decedent's death?----- (5) Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration therefor under which transferor expressly or impliedly reserves for his life or any period which does not in fact end before his death: (a) The possession or enjoyment of or the right to income from the property transferred? (Answer yes or no) No (b) The right to designate the persons who shall possess or enjoy the property transferred or income therefrom? (Answer yes or no) . No (6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent alone or others------------------------~--~------~------ (7) Did decedent in his lifetime make a transfer, the consideration for which was transferee's promise to pay income to or for the benefit of care of transferor? (Answer yes or no) No (8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change, because of a reserved power to alter, amend, or revoke, or which could revert to decedent under terms of transfer or by operation of law? (Answer yes or no) No (9) If the answer to (8) above is in the affirmative, was the power to alter, amend, or revoke the inter- est of the beneficiary reserved in the decedent alone or the decedent and others? (Answer yes or no) _____ _ NOTE 1: The answers to these questions should be supported by affidavit' by the attending physician as well as a copy of the death certificate. NOTE 2: If answer to any of the above questions is yes, set forth below a description of the property transferred, it's fair market value at date of death, dates of transfers and to whom transferred, with relationship of transferees to decedent, if any. Submit copy of any trust deed or instrument, if trans- fers are claimed to be non-taxable, also submit detailed statement of facts on which said claim is based, NOTE 3: List applicable property below in manner in which provided in Schedules A, B, or E. ITEM DESCRIPTION Insert this total opposite "Transfers", Schedule "C" in the "As Reported" column on the last page of this return. MARI<ET VALUE (Estimated) DEPT. VALUATION (Dept. Only) 0 R·CC'-38 COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT ' ' SCHEDULE "E" JOINTLY OWNED PROPERTY INSTRUCTIONS: This schedule must disclose all property, real and personal, owned by the decedent jointly with another or others, including intangibles, standing in the name of the decedent and others. List real estate first, as entireties, or joint tenants, giving brief description, as indicated under Schedule "A", plus the date and place of record of instrument effecting vesti ture, but do not .include entireties or out of state real estate value in estate valuation column. Personal property should be listed as in Schedule "B", plus date of acquisition, and the name, address and relationship (if any) of co-owners to the decedent. Description of Property, Date of Acquisiti()n, Name Unit Address and Relationship of Co-Owners, and Place Value of Record of Instrument, where Real Estate. NONE percentage Estate Share Valuation Insert this total opposite "Jointly Owned Property", Schedule "E" in the "As Reported" column on the last page of this return. DEPARTMENT VALUATION CAUTION-Do not Write In This Space. Value of Value of Entire Decedent's Property Interest . ' .. " . . \ I Lr.l LJ"l C) <I) <{ -l c._ ~ _, ""'--l cr: 0 :c •'-....;~ <..; CL .• :..J_ 2.: ~. ·.:.:) ., a 0 ' ::~ t-.. ---1 L.!..i (..,;) ' 1 ! l ! I... c.; i-z ~.......,E V) U') , ~ u;; ........ 1 .. ~~ =:: 0 (/) -;, :::::l 0::: U.J <{ ;'V') c::: ~ ! 1 ..- ~. .. ( h ' . \\. RCtY-37 (12-63) COMMONWEALTH OF PENNSYYLANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT I 1 BENEFICIARIES AND ADDRESS,ES '·, State full names and addresses of all who ave an interest, vested, contingent or other wise, in estate) Leo F. Holnnann ~ -- ..& ... - Leona Blume 40fi F.ll ;:~ Street Pittsburgh, Pa. 15221 Philip Belejchak 308 Edgewood Drive Turtle Creek, Pa. 15145 Albert Belejchak 308 Edgewood Drive Turtle Cz:eek, Pa. 15145 Clara Rosswell 20605 Breezwood Ct. Birmingham, Michigan 48010 Irene Rabb 406 Ella Street Pittsburgh, Pa. 15221 Marie Downey Balent 4175 Ivenhoe Dr. Ant. 304 Monroeville. Pa. 15146 Donna Belejchak Drenning 6915 Runik Place N. Apt. 116 Reynoldsburg. Ohio 43068 SCHEDULE "D" BENEFICIARIES RELATIONSHIP SURVIVED (If step-children or DATE INTEREST OF illegitimate children DECEDENT OF BENEFICIARY are. involved, set STATE YES IN ESTATE forth this fact.) OR NO BIRTH.; ' Brother No Beneficiary Under Yes Residuary Legatee Yes Residuary Legatee Yes Residuary Legatee Yes Residuary Legatee Yes Residuary Legatee . Yes Residuary Legatee - ., .- Yes ., Residuary Legatee Deponent further says that all the above-named benefic1aries are living at this time except below· . NAME DATE OF DEATH RESIDENCE Trust -- Will ~ No. II Administration Year II D< THE II ~IA TTER OF THE APPRAISEMENT II OF THE II ESTATE OF II Am'liON¥ JiO~ ..... .. .. ....... ..... Deceased Late of_ -____ .. CeciL.Township .. ........ ·. ····-·· WASHINGTON County of ··········· Commom\·ealth of Pennsylvania II REPORT AND APPRAISAL II (Executor-Administrator must complete "As Reported" column #1.) CJ ....., '"C ::0 '-t c.... '-t (1) (1) 0 II:> .'-t e:... 0 ::1 "' "' 0 "' b "' ....., :::3 '"C ....., (1) -11:> '-t "' '-t -0 II:> ...... "' X '"0'0 II:> ';od '-t (1) 0" 0 '-t ('b § '0 ~ M (1) '-t '• '"' CD ,... ,... p.. "< II:> ,... (1) .;:, H 0 'tl CD !1 "' "<< ': .... : en c:: ~ ~ """' > til -!:1:1 ()...-.......-.......-.... --< ;::r w w w : -?'" ?" ?" M" : ~ > : = q -.... : -EI)~-0-0-Ee-Ee w: ~= ... ..... : -...J• "': . : Vt: \0; -EI)-(,9 ~· ~: ~: ~· c,... "d' -> "' f-) ~ .. v. !:1:1--. ~ b .g .... .,.,. o o- ~ b '-t -• • (1) \.11 0 c.. \0 0 -0-Ee-Ee-Ee ~-.. ~ ( .. ~ '~v ~a;!..-·~ r. ~ ;· 3-~9[ .-1 RCC-81 (6-71) COMMONWEALTH OF PENNSYLVANIA ' DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS HARRISBURG 17127 NOTICE OF FILING OF APPRAISEMENT PITTSBURGH NATIONAL BANK (Executor~ In Re: Estate of ANTHONY HOHMANN IN YOUR REPLY PLEASE REFER TO Inheritance Tax Division 38-185-5 _1i-!_.!.!1A~S~H~I,.,N'-!..G~TO~N:.!._____ County -File No. 6 3 71 -6 69 / J You are hereby notified that the __ ----l..lo~r...r.i..~:g~iun..L!a;J,..l..~.._ __________ _ a ppra i semen t in the estate of __ aA..,.N-''T'-LHnO.uN:~~....Y.L.-..Iwi"""O:.Llm""'1u:.A'II.:NI::il~W~-:------------ has been filed in the office of the Register of Wills of_,_,.......:.:tlif.:=..::A:::S::o:H::::I:=:N.:_:G:::..:T=-:O::..:N:!-_ _____ _ County on January 10 , 19 73, Said appraisement reflects the following valuations: Real Estate -----=5-L,..:::o..:::o..:::o:.-'!.c...::O:....::O::....___ ___ _ Person a I Property _ ___..,2.L.9...~...-""1w7~6u • ._,5.L9.L-____ _ Transfers ______________ _ Joint I y Owned ---,....-,----,--------- Total ______ 3-=4'--'-'-1-=7-=6'--'.-=5::...::9:.__ ___ _ As to such tax that is paid within three months from date of death, a five (5%) percent discount is allowable. As to any tax that remains unpaid after nine (9) months (fifteen months when death occurred from December 22, 1965 to June 16, 1971, inclusive; and twelve months when death occurred prior to December 22, 1965) from date of death, interest at the rate of six (6%) percent per annum is charged. Any party in interest who is aggrieved by an appraisement mar, appeal therefrom os provided by low. Dote January 10, 1973 DATE OF DEATH: June 16, 1971 Note: This is not o bill. j COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SUMMARY Estate of HOHHANN (Last Name) .A.NTHONY (First Name) DATE OF DEATH 6-16-71 FILE NO. 63-71-669 (Initial) REPORT OF INHERITANCE TAX APPRAISER I, the undersigned duly appointed Inheritance Tax Appraiser in and for-the County of __ ~'_JA_S_T_d_I_N_G_T_O_N _____ _ Pennsylvania, do respectfully report that I have appraised the real and personal property as reported in the foregoing return at the values set forth opposite each item in the last column to the right in Schedules "A", "B", "C", and "E". 0 Dated, January 10, 1973 .d • ~ ~~ REPORT OF THE REGISTER OF WILLS I, the undersigned duly elected Register of Wills in and for County, Pennsylvania, do respect- fully report that I have allowed deductions in the amounts claimed by deponent, except as to those items where a greater or lesser amount is set forth in the last column to the right in Schedule "F", which greater or lesser amount represents the sum allowed as a deduction. Dated:-------------REGISTER OF WILLS INVENTORY Real Property (Schedule A) Personal Property (Schedule B) Transfers (Schedule C) Joint-Held Property (Schedule E) TOTAL GROSS ASSETS Less Debts and Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Valuation of life estates or 34 176 59 annuities................... $-------+--- EST ATE TAX ASSESSMENTS $ _________ ..L__ 34,176 59 34 176 FOR USE OF REGISTER ONLY COMPUTATION OF TAX Tax on $ --------------+--2% Tax on $ ----------------+---6% Tax on $ --------------+---5% Taxon$ ______________ --+--~-10~0o Tax on $ ------------~--~....._~15%:!:!.)) $ ___________ 4----- $_· ______ ~---- $---------+--$ __________ ~_ $ _____________ 4----- VALUE AS REAPPRAISED $ ____________ ~--- Exemptions * Total Estate ___________ ---4----- TOTAL TAX $-----------~--- (*) As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. Less tax previously paid $=======!== BALANCE $----------+--- Less 5% of tax if paid within 3 months after death $======== Add interest at rate of 6% from -------to ----- AMOUNT OF ESTATE TAX ASSESSED $----------+--- Estate tax paid $ _____ --l __ BALANCE DUE $ _____ __J. __ Add interest at rate of 6% from -----~10------$------4-- TOTAL TAX BALANCE $ ------+---- PAID $---------~--- FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE: Where subsequent adjustments are made to the above computation of tax by the Register of Wills, for proper reason, same should be noted below, with short explanation. Will Administration ( No. IN THE Year ........... . MATTER OF THE APPRAISEMENT OF THE ESTATE OF ANTHONY HOHMANN Deceased Late of. CECIL TWP. County of . . y~,A$I:I:[~(3.':['0N Commonwealth of Pennsylvania REPORT AND APPRAISAL • ~ .. ... Fonn l(t:-2 • DATE ...... Y..9.D..U.9.t:Y ...... l.0 .. t ....... J .. 9...7.} .... . , DEPARTMEl\!T OF REVENUE BUREAU OF COUNTY COLLECTIONS COMMONWEALTH OF PENNSYLV Al'.JIA RESIDENT lNHERITANCE TAX APPRAISEMENT COUNTY ... W.~~9.!.:3;::J:.:t.ilG..f.:'.QN_ ..................................... . ... , HARRISBURG, PENNA. !7 12 7 FILE NO •.......... ?..?..:.?. .. ~.:.?.?.~ .................................... . Whereas, .......................... AN.THON.Y ... .H.OHMAN.N ............................................................ late of ........... G.&G;I,:~ ..... Tw.?. .. ~ ......................................................... . in the County of .................... WASHIN.GTON ............................................................................ Commonwealth of Pennsylvania, having died on the ........................... .+..§t.h ................................................. day of ............... g:~P.:.~............................................... 19 ...... 7..! seized and possessed of an estate subject to Inheritance·T~nder the laws of jhe Commonwealth of Pennsylvania; · Therefore, I, .. 0.. ....... 7.?.~~z'~~-~····· .. ·····• an appraiser duly appointed according to law, having been designated to make a fair and conscionable appraisement of the said estate, and to assess and fix the cash value of all annuities and life estates growing out of said estate, hereby file the following appraisement: In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest. Appraisement Unit Oeser I ptlon of Asset Made for Inheritance Values { Tax Purposes $ 'R F. A T.'T'V • SEE COPY OF SCHEDULE A ATTACHED TO .APPRAI SE:t<lENT 5,000 00 PERSONAL: SEE COPY OF SCHEDULE B ATTACHED TO APPRAISEMENT 29,176 59 Total 34,176 59 ... '. ·. ~ "··· ' . ' ·' -···~ :J .. , "' ·.· .. : r . . .. .. " ' . ·. ' ' . . . .. ; .. Having been duly sworn according to law, I do hereby certi:t)vthat the above appraisement is made in con- formity with law on this ...... . .. .. ...... ...... .. day of ............... ::.-:?J&··z··~-~7·c:r7;t_;;z;~~:~~-· . .. 19 ···~;;··~:~~=~-~~---r· :·:::::::::::~~~--~~~:~i.~o~rst.~O.::.:::;.i.).~~e···t···)······· ... :.·.········· ··························· 6foo 1 ,u, ............... , Penna. ............ Appraiser I I i I ' I I ' ... NASHIN.GTON .... County RESIDENT INHERITANCE TAX APPRAISEMENT Estate of ANTHONY HOHMANN ... Deceased. Late of CECIL TvlP. Date of Death, ... 9.:::-:J§.:-:-::.7.+. ..... Appraiseme1!f Docket Vol., ................ 3.8. ............................. . Page, .J..§.?.~.~--................ No .. 9.:?..:: . .7.1.:::.9.§9. ...... . Filed ill Register's Office, ..... .Jan •...... l.O ...... J9 .... 73 Amount of tax due, $ ..................................................... ~ ........... :. DEPARTMENT OF REVENUE ·Received, Ex-amined and Approved, Wrote abo.ut Appr(l-isemen/., Appeal f1'om Appraisement, Entered and charged, ~ •· ');., - ---------------------------------------------------, 1/80830-5 OFFICE OF THE REGISTER OF WILLS oF Washington COUNTY AND AGENT OF THE COMMONWEALTH STATEMENT OF DEBTS AND DEDUCTIONS DATE APPROVED ESTATI! OF ___ A_n_t_h_o_n_y~H_o_hm_a_n_n ____ L.ATE oF Box 34, Hickory, Penna. DATE OF FILING APPRAISEMENT ----------DATii OF DEATH ~JL!u:!..!nb!!e==....-1!.:6!L.,..,....!.l;z.9.J..7..!.1~------- 'DATI! NO. OF NAME OF PAYEE REMARKS AMOUNT l 1971 June July July Aug. Sept. Oct. Nov. VOUCHEit 30 Russell Marino Letters test~mentary and Register of Wills eight short certificates 19 7 l-7ashington County Reports Adve~tising letters testamentary 14 29 The Daily Notes Advertising letters testamentary 12 Wolfe Funeral Home Funeral expenses 1,849 William Penn Memorial Cemetery Interment of decedent 200 The Washington Hospital Elect~ocardiogram for decedent 20 West Penn Power Co. Service to July 19, 19!71 3 12 Shadyside Hospital Hospitalization of decedent 23 Robert Punola, Tax Collector Mt. Pleasant TwP. and School Tax for 1971 M.J. 16 Appraisal fee in re off L.R. 62031 Mt. Pleasant Tl>Tp. Washington County, Penna. 50 Comm1ss1on fee re 2 Streets Run Auto Service 1969 Ford Station Wagon 107 6 Martin R. Hallman Advertising 36 Expenses of sale of personalty Repairs to tractor 14 at Mt. Pleasant Twp. property Auctioneers commission 229 labor in oreoaration for !'l~lP "? Clerk and extra help day of sale 80 23 West Penn Power Co. Final service at Mt. Pleasant Twp. property 4 COMMONWEALTH OF PENNSYLVANIA } - __ ss: COUNTY OF I, ----------------------~-------HEREBY CERTIFY, THAT. TO THE BUT OF MY I<NOWL.I!DGE AND BELIEF, THE FOREGOING IS A JUST AND TRUE srATEMENT OF DEBTS, FUNERAL EXPENSES AND EXPENSES OJI' ADMINISTRATION SUBMITTED TO THE ESTATE OF ------------------DECEASED, AS DEDUCTIONS FOR INHERITANCE TAX PURPOSES. ---------------------<L. &.) SWORN AND SUBSCRIBED BEFORE ME THIS -----DAY 01' ----------------~---·8--- 50,/ oo,........ 5o .,.,.I 1 oo- oo_..- 7?_ 45 00 P.!J. 1 00 1 50 I 56 05 I 52 Inn loo 03 I ~ DEDUCTIONS ALLOWED IN Form RC C~O .. ...., THE SUM OF ...• ~~ ; I OFFICE OF THE STATEMENT OF DEBTS I REGISTER OF WILLS AND DEDUCTIONS ~········ OF HasbjngtaD COUNTY AND AGENT OP' THE COMMONWEALTH Register of Wills, Agut (2._ ~ ESTAT!! OF Anthony Hohmann LATE OF DATE OF FILING APPRAISEMENT DATS: OF DEATH June 16. 1271 DATE NO. OF NAME OF PAYEE REMARKS AMOUNT VOUCHEit 1972 Jan. 4 William Penn Memorial Cemetery Bronze memorial for grave and vase assernblv 210 00 Irene Bowland Replacing locks on account of keys to hotel room lost by decedent 19 90 1973 Orpham ' Jan. 5 Russell Marino, Clerk of Court Costs of filing inventory 14 00 ! Expenses re maintenance and Pro rata share 1972 taxes 29 43 I preservation of property Locks for farm Insurance: 4 00 situate off L.R. 62031, Village F;TI'> 55 00 of Hickory, Mt. Pleasant Twp. Liability 16 00 I ' Washington County, Penna. I Amount reserved for fil~ng First and Final accourt 50 00 Aug. 22 McCann, Garland, Ridall and Burke Attorneys fee 1 950 00 .. Pittsburgh National Bank Executor's compensation 1. 725 00 I F-R1L.. Inn <;,t,-,t:: u~JAL2ce4 -1?23.:-;J .:<?_, - / I/ / f/A """/ 1- COMMONWEALTH OF PENNSYLVANIA COUNYJ OF Washington }·' osepEi ~. Ll.nn, :ltssrst:anf: Ir st Officer '· ------------------------------HEREBY CERTIFY. THAT. TO THE BEaT OF hiY kNOWLEDGE AND BELIEF, THE FOREGOING IS A JUST AND TRUE SfATEMENT OF DEBTS, FUNERAL EXPENSES AND EXPENSES 01" ADMINISTRATION SUBMITTED TO THE ESTATE OF Anthony Hohmann . ~~c1. INHERITANCE TAX PURPOSES. SWORN AN ;;J.(} J/~DAY 01" ~ GEOR~A P MARAS, Notary Pa~llc Prtt3burgh, Allegheny eo., Pa. My Commission Expires Marcb 15, 1975 -2- .0ECI£ASED, AS DEDUCTIONS F"OR ~ (L.S.) <::::::::::::: < I I .. 0 U.l _. .:::r r. 0.. ... ,.. .. \ ·, Form RC C ·10 J SUPPLEMENTAL STATEMENT OF DEBTS DEDUCTIONS ALLOWED IN j_ THE SUM OF ............ ~£7£--:2:5-OFFICE OF THE REGISTER OF WILLS OF _.;..::W-=:a::.=S;.::h.::.:l.=' n~q..:::t:..:O::.=n:......._ COUNTY AND DEDUCTIONS DATE APPROVED ....... r-.-cr-~zL·- AND AGENT OF THE COMMONWEALTH ~~ Reg?.ter of Wills, Age"t C.. c--" ESTATI:! oF _A_n_t_h_o_n~y..___H_o_h_m_a_n_n ____ LATE oF Box 34, Hickory, Pennsylvania DATE OF FILING APPRAISEMENT OATS OF DEATH June 16, 1971 · DATE NO. OF VOUCH"II NAME OF PAYEE REMARKS AMOUNT 1973 Sept. 10 Joseph w. Linn Reimbursement for notary fee 75 1974 May 8 Jacqueline Hammond Official court stenographer transcript of the hearing held 1/9/74 and 1/10/74 112 00 1975 Jan. 15 Russell Marino, Clerks audit costs re -· · Register of Wills claims aqainst the estate .~ so ~ McCann, Garland, Ridall & Burke Additional attorney's fee l, 650 00 1.768 25 (!)?I'Lc_' . -1) tJd-b 6207 -./ . ....,., ~ g:-rv-s ~.> ... - COMMONWEALTH OF PENNSYLVANIA }ss: COUNTY OF Allegheny President of/Pittsburgh ·National BAnk I, Gary C. Goodlin, Assistant Vice · HEREBY CERTIFY, THAT. TO THE BE8T OF' MY KNOWLEDGE AND BELIEF, THE FOREGOING IS A JUST AND TRUE flfATEMENT OF DEBTS, FUNERAL EXPENSES AN EXPENSES OF Anthony Ho mann ADMONOSTOATOON SUSMOTTED TO THE HTATE o• ~ ~ ~... DUCTOON• ,0 , INHERITANCE TAX PURPOSES. '~~~ t:!'. J • )-Cf../t x ...... -7 • ·~~-(L.S.l SWORN ArfdUBSCRIBED I!IEFORE ME THIS _1.....-DAY 01' """"" \~ , . . A.LJA ~ /) 18 D._ (I ~/1 .V1frt... l/rU.A_v. ~V? .,~ POuR~RAS, Notary Public :"-.. UI]Jb, Allegheny Co., Pa. II.J Cotnml881on Expiraa . ....1&, 1975 -::: ;:J .......---, ~~ ... :;::;~ rn r~l c. en <0 :"fl ..;... -'•j --· '-' '" r' l l ......... ..--·- ..... ~~ -+-..::._...:::;. ;:J ,-C' C:::;:J ;~ ... (../i r.J ... .. ESTATE OF Anthony Hohmann, Deceased --------~------------------------ ADJUSTJVIENTS -FILE NO. 63-71-669 ------------------- DEBTS & DEDUCTIONS FOHM -AMOUNT CLAIMED LESS ITEMS DISALLOvVED: Excess Reserve for filing Accou~t ---------------------- BALANCE ADDITIONAL DEDUCTIONS --ACCOUNT & AUDIT Audit Costs & Advertising_ TOTAL A.LLOWABLE DEDUCTIONS March 14, 1975 ·---Date Approved J $ 8,602.25 $ 27.00 $ $ $------- $ ____ _ $ __ 2_7_.0_0 ___ _ $ 8 '5 7=-.:5 •:.::2.=...5 --- $ __ 62.50 $ ____ _ $ ____ _ $. $ ____ _ $ ____ _ $ ____ _ $ ____ _ $ 62.50 ----- $ 8,637.75 ~ :::J -:n ·v-rn -- (;, G) :·; .-.--· :._. =: (J1 c-··. __ ,.. -< '1' ' - -:.:-1 ... -:;:: ~ . o::::::::. . --.-~ '" I ..,..,. ~ ... -.J u--; :::z :::I:"" :;;r;;J u::J -o r .:-;:, r-.> )> (f; 1"'.1 .. -. -~· I ' ... ,_.... .... r - i-., I c=: ., I r---~~--------------------------------------------------- BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 I EDMUND W RIDALL JR PGH NATL BK 6 S MAIN ST WASHINGTON PA 15301 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX NOTICE OF ASSESSMENT OF AMNESTY NON-PARTICIPATION PENALTY AND STATEMENT OF ACCOUNT DATE ESTATE OF 05-13-96 HOHMANN DATE OF DEATH 06-16-71 FILE NUMBER COUNTY ACN 63 71-0669 WASHINGTON 101 Amount Remitted REV-1607AM AFP <04·96l ANTHONY MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS WASHINGTON CO COURT HOUSE WASHINGTON, PA 15301 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. ESTATE OF HOHMANN ANTHONY FILE NO. 63 71-0669 ACN 101 DATE 05-13-96 --------------~-----------------------THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 01-10-73 PRINCIPAL TAX DUE: ................................................................................................................................................ . PAYMENTS CTAX CREDITS): PAYMENT DATE 03-25-75 . 01-18-96 RECEIPT NUMBER XE021620 AMNP PEN DISCOUNT (+) INTEREST (-) 773.48- 497.28- AMOUNT PAID 4,424.61 .00 5,126.48 NOTE: THE 15/. AMNESTY NON-PARTICIPATION PENALTY IS COMPUTED AGAINST THE LIABILITY NOT PAID BEFORE JANUARY 18, 1996, THE FIRST DAY AFTER THE END OF THE TAX AMNESTY PERIOD. THIS NOTICE IS TO ADVISE YOU OF THE ASSESSMENT OF THE NON-PARTICIPATION PENALTY. THIS NON-PARTICIPATION PENALTY IS APPEALABLE IN THE SAME MANNER AND IN THE SAME TIME PERIOD AS YOU WOULD APPEAL THE ABOVE REFERENCED LIABILITY. PLEASE NOTE THAT THIS NOTICE DOES NOT EXTEND THE TIME PERIOD FOR THE APPEAL OF ANY LIABILITY OTHER THAN THE NON-PARTICIPATION PENALTY. INTEREST IS CHARGED FROM 03-26-75 TO 05-21-96 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM.* AMNESTY NON-PARTICIPATION PENALTY HAS BEEN ASSESSED • IF PAID AFTER THIS DATE, SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, . NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCRl, TOTAL 'TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. l 3,651.13 1,475.35 2,367.13 3,842.48 j PAYMENT: Detach the top portion of this Notice and submit with your payment made payable to the name and address printed on the reverse side. If RESIDENT DECEDENT make check or money order payable to: REGISTER OF WILLS, AGENT. If NON-RESIDENT DECEDENT make check or money order payable to: COMMONWEALTH OF PENNSYLVANIA. All payments received shall be applied first to any interest which may be due with any remainder applied to the tax. REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" CREV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service numbers for forms ordering: In Pennsylvania 1-800-362-20501 outside Pennsylvania REPLY TO: DISCOUNT: PENALTY: INTEREST: and within local Harrisburg area (717) 787-8094, TDDI (717) 772-2252 (Hearing Impaired only). Questions regarding errors contained on this notice should be addressed to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-06011 phone ( 717) 787-6505. If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (5%) discount of the tax. paid is allowed. / The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 181 19961 the first day after the end of the tax amnesty period. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to. the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 1996 are: Year Interest Rate Daily Interest Factor Year Interest Rate Daily Interest Factor 1982 20% .000548 1987 9% .000247 1983 16% .000438 1988-1991 11% .000301 1984 11% .000301 1992 9% .000247 1985 13% .000356 1993-1994 7% .000192 1986 10% .000274 1995-1996 9% .000247 --Interest is calculated as follows: INTEREST = BALANCE Of TAX UNPAID X NUKBER Of DAYS DELINQUENT X DAILY INTEREST fACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE >'J1i!~G*!~:n OFFICIAL RECEIPT • PENNSYLVANIA INHERITANCE AND ESTATE , RECEIVED Four Tboue.send ~ Buncked 'l'wentr Pour entl 61/lOQ.....•••••• . ..Jollars Bamm.d W. 1U.4e11 JJ:• representing Pennsylvania Inheritance or !I Estate Tax due from the following estate: I I 2%Tax on $ __________ ""·----------W 6% Tax on $ _________ _ File No. 63-?J.-669 15% Tax on $ 25,538.84 %Tax on $ ________ _ Estate Tax, Act of May 7, 1927 . Cou nty. _____ Q~W~~ft---:--~·~·--_· _ _:__:----j TOTAL TAX CREDIT Remarks: jmo ' ' I ' ' \. NOTE: This Triplicate Receipt to be retained for audit pu!poses. ·~~Less five percentum of tax if paid within three months after date of death Plus 1interest at the rate of --6.-% from 9-J.&-12 • to ate TOTAL AMOUNT P 38·165-S . . ~· Received by NOTE: In accepting the transfer inheritance tax on futur!)•estates, prior to the death of the life $ $ 3,&30.&3 $ $ $ 3,830.83 $---------IHI tenant or tenant for years, as evidenced by this receipt, it is understood that the Commonwealth shall not be precluded or prevented from hereafter assessing additional inheritance lox at the death of the life tenant or tenant for years whenever it appears that such additional tax may be legally due a ,.._--+------;-::-c~-------:-'+-.f:,.-'--11 collectible for reason whatsoever. - 7 5 1 i 2. 0 0 5. 50 1. 6 5 0. 0 0 I. 7 6 U. 2 5 T ,. 5000•00 + ~ 5000•00 0 ~ s ... ooo-oo + 1 ~695•62 + ~829•15 + 1 ... 0 7 5. 0 0 + 2 ... 2 9 ?,• 2 5 + ~000•00 + 6•25 + 68•00 + 207•32 + 34,176·59 0 34176•59 * ;I ESTATE OF Anthony Hohmann, Deceased ADJUSTMENTS -FILE NO. 63-11-669 DEBTS & DEDUCTIONS FORM -AMOUNT CLAIMED LESS I'rEMS DISALLOWED: Exc~ss Reserve for filing Acco\JA't ~ ·' BALANCE ADDITIONAL DEDUCTIONS-ACCOUNT & AUDIT Audit Costs & Advertising TOTAL ALLOWABLE DEDUCTIONS March 14, 1975 Date Approved $ 27.00 $ $ ------ $______;,,-----__ _ $ ____ _ $ 62.50 $---~- $ __ $ _____ ,__ $ ____ _ $ ____ _ $ ____ _ $· ----- $8.602.25 $ _ ___,2,._...7~. 0,.,0~- $_.8_,575.25 $ 62.50 ----- $~37.75 ... ~li· . -~ (J'i ... -·- :::::t-r-?="' I ;:::c: fi ' L.CJ F"'"'"') .... _~ . , .. .. .._ --; ~, . -. .::::> ~< ).) C,:i 1 v I c· J:~ (/) •. "' ._ ~ ~ ,...: ' ';t .' ' .~ ~ . f ' •• ,. 1 .. . •, "··· (' JN .THE COURT.OF COMMON PLEAS OF.WASHINGTON COUNTY,' PA; ,, . IN RE: ESTATE OF. ~ " Z. " . .. .. ORPHANS' COURT DIVISION No . .'o3-71-oo9 ; ANTHONY HOHMANN, ) ) )' ) ) ) ) )o 'UI .z ~ Deceased.· 0.. i 0 1-- .. (!) !: .. ' ... · · . HEARING ON MATTER OF CLAIMS ... \ ~ :t Ul < 3: ,_: u ~ BEFORE: U), 0 . .J ,. . :5 .• u ' 0 • I, :J .., APPEARANCES: ~-.... N f1i a: 1&1 1-· a: 0 0.. 1&1 a: ,, li: ! :J 0 u .J t' I ,b ~ -t f 1 THE HONORA'BLE p~ UL A. SIMMONS, Judge of the said Court. ~ t • • • " ' ~ \, EDMUND W. RIDALL, J~. j ESQ., of· the ~ ' firm McCann, Ga:rlan~i, Rida~l & Burke, , , Pittsburgh, Pa.; ·represerlting the Esta"te.: •':: · . THOMAS J. TERPTJ~AC, ESQ., of Washington Pa., representing.the Claimants, Mr. and Mrs. Leo Downey and Mr. and Mrs. Thomas F. Downey. , · · ' . January 9th and lOth, 1974. ' ' . ~ ·JACQUELINE HAMMOND Official Court Reporter Orphans' Court Division . ' ,, ' 7' " ' ' 1 •. INDEX TO WITHIN TRANSCRIPT (Hearing of January 9~ 1~74): wi-TNEs-s Direct Cross Redirect Recross MARGUERITE BERTY ~ALFRED H. LINHART z o( ~DENNIS L. DOWNEY ~ Ill z ~BAR:T CERCIELLO _ i ~MARGARET JANE \YARD z :r ~SAMUEL WELCH1 JR. ~ . . .. t-" u ~(Hearing of January 10,' 1974): 0 :!,.• ... ~LEONA BELEJCHAK • ..• , ' 1- -. ,,· .. ,. li: -") ~~ 0 # ( ' '' ,_ ~ANDREW P. BELEJCHAK.1~ ·-~· .• a:: 1-1"l' ' a:: ·~ giRENE RAAB . . ..... i ,·r.. '"'~ ( u ..1 G MARIE BALENT ii: 11. 0 MAGDELYNN DELP 5 44 108 . 112 118 120 131 133 138 138 149 150 220 241 251 \ . . :t .. .~~';,f , I r • •· 2 53 ·:. . 2o9. ~ •280 .. t:··,. . 289 290 . . 291 ·297 301 211 (Please Note: The Court Stenographer inadvertently omitted page 127 when numbering the transcript). 110 ~--------------or------------------------------------------------ EXHibiTS ESTATE'S EXHibiTS: 1 -H0hriD.ann Family Tree. CLAIMANTS_~ EXHibiTS: A - '' . •" !If , .... r I' •. r• \ '/ ' ~ ·_. t. '~~ )\ ·"' . , t' ~ .• ic 'i . . , Omrii~lis : '·..-..: ,.~, • ,: · · · B-Title Certificate for ~ac~1 omnibus. .I .-. ---. j.' ,. .J' >-Ill z ·z 1&1 D. i 0 1- I!) z :t Ill <( ~ ..: u 0:: 1-Ill c .J < u c :l ., J: t-,... N IIi 0:: 1&1 1-0:: 0 0.. Ill ., ' . . . MR. TERPUTAC: If the Court please, this is the time set .. for a hearing before·.·Your Honor on two claims against the estate. of Anthony Hohmann, the claim of Leo .Downeyand also the claim of Thomas Downey, these gentiemen being nephews of the decedent. First of all, we request that since the relevant papers are alre~dy filed; Your Honor, in the RegistEr of Wills Office, we woul~ ask ~hat they be incorporated into the record of this proceeding; all the papers, particularly the Inventory and the Will. Is there any·objection? MR. RIDALL: There is no o'!Jjection to that. .. MR. TERPUTAC: Iw ould just note parenthetically, Your Honor, that the Will does not provide at all for the two Claimants. And our theory is that there was an oral agreeme 1t a:: ',.J by which the de,cedent promised to give them everything in' his 1-a:. :l 0 o . Will in return for certain care and soforth. And we are .J < u ii: ... prepared to proceed . 0 THE COURT: Very well. ·Call your first.witness. ···'* . ' 4 I' • '' .. L J • Bertv MARGUERITE BERTY IS CALLED AND DULY SWORN. DIRECT EXAMINATION BY MR. TERPUTAC: Q A z ~ Q )o Ul Z I ~·A D. i ~ Q z ~ Q a: .... Ul c A .J < ~ Q ::l ., J: .... I' N ~ A Ill ~· 0 :!i Q a: .... a: ::l A 0 u .J < u ii: II. 0 Q A Q A Q I am going to ask you some questions·, and speak very loudly so everybody can hear yop. What is· your name? . Margue;ite Berty. Where do you live, Mrs.· Berty? Cecil, Pa. ... 1 ~ And what is your age? ' , . 76. And what is your present occupation? . . I . ' . t. ' . "' .. ' House care at home. .. l .. " ,. Now in the past during your working years ·outside· the house,· what kind of occupation or profession· did you have? I did practical nursing for several years. Now from 194 7 on, w~th who.m have you lived? With my daughter and her husband, Thomas Downey and Marilyn Dow n!=y. Thomas Downey is one of the claimants in this estate, is that right? That is correct. And he is your son-in-law. Right. Now who was Anthony Hohmann? I ; . • • "' I' A Q A Q ~ A < > .J >-UI z z Ill D. Q z 0 I-C) z I: Ul < 3: A ...: u ~ Q Ul 0 .J ~ u 0 :;: A :>: 1-,... N Q ui a: Ill 1-0::· 0 D. Ill a: A 1-a: :J 0 u .J < u ii: ... 0 Q Bertv Anthony Hohmann was Tom1s uncle. And also the uncle of the other claima~t, Leo Downey. Yes. Now by what names ·wa_s Anthony Hohmann called during his lifetime? Well, they just called him .Andy or Uncle Andy.. Most of them called. him Uncle Andy. Even though his name was Anthony, they called him Andy, is that right? That 1s correct. .. So as I understand it, since 1947, you have lived with Tom and Marilyn Downey, is that right ? Correct •. Now at what places have they lived where you resided with therr? Can you remember the dates ·and the places·? Well, when they were first married in August oth of 1947, we lived on. Hallock Street in Mt. Washington. Then we moved from there because it was not large enough to maintain, since th~y got married. We rented a house on Glennarm Avenue in Brookline. · And it was full cif cockroac0-es. How long did you live there? Just as soon as we could find a place and move.out. From the ' .. e , ... ~ \ , I t I l . ' , • ,. •• ' ··~ . + ' l 1 .. we moved to East Pittsburgh; <Dr near.where he was w.or:King. ... .,. · ,.... i _., . . -_ ' r # . ' ~·----~--~------------------------~--~~~----~--). J • ' ' ' ' . .--------------..--------------------------------------· Bertv Q What year was that? A That was still in 1947, because w·e only'lived a~ Glennarm a fe"~A ; months; a couple weeks, rather,· I should say. ,,. Q Where did you go then tp' live· with T~~ and Marilyn 7 • A Well, they moved to East Pittsburgh: And .then from there, ~ z they lived there awhile, and they took a trip out to California·. ..1 >-,. I Ill z ~~ z 1&1 . D. i And then from there, I maintained r~s id.erwe in Pittsburgh in ~ . ' . ~ ' . ' • j !( •• • • • , . "' "... ,. ~ • -"'-. • ..... .. •• fr t .· . :·--. . ' ) Beechview. I was there untilMarri'il.)yna"nd Tom came btick from· 0 1-C) ~ ' ' ' California. And from there, they got a place on ryiellon Street. · :r Ill < ~ ~ -: • ; • ~ f ,. 1-• in Pittsburgh. ·Not East Pittsburgh, but I don't know jus't what ...: 0 II: 1- . ' section it's called. But it was Mellon Street. .,, ;t' ~ ' ~ ' t \ •• . Ill c ..1 •. .., A We were there about five or six months, but that was j~st :t 1-.... N until we could locate a place which:.wouldbe desirable. And· ui II: 1&1 1-·II: then from there we went to---it was up on---- 0 a. 1&1 II: 1-Q Just give us the district if you c~n1 t remember the street. II: :> 0 u ..1 A' It was---I know it as well as my own name. It was up on the o(l u ii: II. hill. 0 • MR. RIDALL: You can lead her if you care to. Q Was it East Brookline? A Yes, East Brookline. Q How long there? A We were there about a year and a half. And then the house was sold . ... , - ---------------~--------------------------------------------------------------------~L_ ____ __ I . • . ... • ·' •'' 1'· ' ',_ .. ~ z <( > .J > Ul z z . Ill a. i 0 1-~ ~ J: Ul <( ~ ~ u a: 1-Ul Ci .J <( u 0 :J ., l: 1-,... N ui ·It Ill 1-a: 0 a. Ill a: 1-a: :J 0 u .J < u ii: II. ' 0 ·. Berty 8 Q Then you moved to ano~her place. A Then we moved to another place. -From there we m.oved to Brookline Boulevard. And we were there about three or four years, something on that ord~r; about three_ years, I gues: • Q About what time was this now~ what year? • ' '. ~ . • 'Jt .j •• ~ . 1' . '"*" ..... ~ That was in 15Q, I think it.:was. Yes, it-was in 150. ... t· . ..., f,t if { .~ . ( ~ . A ·i Q Then where? ........ : ' . A Then we moved from there fo. Kenmont Avenue' i~ 'Mt. -Lebanon • ' ll 1 i ' And we were there for about three years until they bought their -1 ' { ' I .. . -.; t t -• ,home on Somerville Drive in Scott Township. And weJ have livec there since until they sold the house recently. Q You lived -in Scott Township .. A 17 years. Q Until and through the time of the death of Anthony Hohmann in 1971, is-that correct? . ,. A That 1s correct. • Q Now w)1.at was Anthony _Hohmann 1s _occ'upation? A· He·used to work at Westinghouse and ·.still did, but he was drivip.g a truck for Westinghouse, hauling equipment. Q Except for periods of illness, did he work rather steadily at _·Westinghouse? A Yes; until he retired. Q ·. When did he retire? ·A He was f:i5. I just don't' remember the exact date.- ·' Q A Q • ,, ~ A z o( > .J >-Ul Q z z Ill Q. i 0 .... ~ z l: Ul .o( 3: ...: u a: A .... Ul 0 .J Q o( u • 'Ci ::l ., :t .... ,... N A ui a: Ill .... Q a: 0 Q. Ill a: .... A a: ::l 0 (J Q '.J < (J ii: A II.. o, •• ·-I / ~ f t~ Q .. A Berty · What was his age at death, do you know? 71-, I believe it was. Jim not certain because I never delved into that. ,• was he ever mar:i:'ie'd to your know ledge or at least during the . time that you knew hii?.? No,, he wasn1t. · , 'He was· a bachelor. Now d'uring.the time you lived with Tom and Maril:>n, now this is from 1947 to 1958, Pd like tb talk abou tf1ose years first, so that we can get some_ order 1n this case, do you understand? .. Yes . 1947 to 1958, now in that period·of time, did Tom and Marilyn '. have· any children ? No, they had no children. Did they adopt any ? They adopted two children . What were their names? Gordon Lee Downey and Marilee Downey. . . , Now in the period from 1947 to 1958, 'did you have occasion to . . . ; I .. . ... ; . t . • :' ~·· • .• :-I' •••. .": notice or observe Anthony Hohmann'coming''to the ·household where you were living with Tom and Marilyn?. .. ,, ; ... I . ' Oh, yes, very definitely, because I only worb~d.on 'thes~ = •.•. ·.4 j practical nursing cases-:---there were usually,twp pr:actic,al 9 Berty 10 nu;Dses on a case, t.hat 1s.whatwe usually tried to get, so we1d have s orne time off. And I.would work three days and the oth:e r nurse would work three day~. _:r·h~~ I would go back for three days 'j;~, I -:J ~ ~ .. t . ' ' I I ' ' •• ' . . t . .• ... . . • ~· • more and we just kept it up like that., So· he was there anytime';:·. , ~ , ~• ,: ~~·1 1 J ~ ~..-~ ~ : ,r , .# ,. ·~ • i' ! . ·~ ' .. f I was home, he was there. tQ .( > I ~ )o Ill • J From 1947 to 1958, how many tim·es a week was 'Anthony Hohrr.ann. + '· " ~ : :; j ~ i f 4 .,. . . t .. ~. ;.. : at the hou's ehold ?· ' z z . . ' Ill ,.. I < t I D. A i. Well, sometimes he would' come early in the. morp.ing; Hetd 0 .... Cl ~ :z: ring the doorbell and~wake us up, especially on a Saturday and t·.··· Ill < 3:: ' Sunday morning~, and he'd be there sometimes he would stick i-= u ll: .... ar'ou~d for the whole d~Y.· Other times he ·would eat breakfast, Ill 0 .. e ~ ~ .. • u .he would say, "What's cooking? rr And what we had, pancakes, 0 :I ..., bacon and E?ggs,wh~tever it was, he would eat. And sometimes :t 1-r-N he would g9 out to the farm, ~spen:d awhile, and come back in IIi ll: Ill . .... ll: in time for. the evening·meal. 0 D. Ill ll: Q .... I think the quest ion, Mrs. Berty,· was about how many times ll: :I 0 u a week did this occur? ~ ~ u i;: A II. 0 P!'actically everyday. e Q Now as· he got older,and all of us get older, .did Mr. Hohmann come there more often or less often or what? Now I'm talking about from 1947 to' 1958. A He came more often. Q How about holidays? .· Bertv 11 A Holidays, .he was there practically .every holiday, he was out ot r house. Q Who.were the working people in your household at that time? A My son-in-law. e Q . That's Tom J:?owney. I -:..A ,z r '' <( Yes. And my daughter was a ~ell telephone operator., > .J ' )o Ill I z z Ill THE COURT: ·What time are you .. 0.. i 0 1-• ·talking about? (!) ~ :r: Ill <( ~ Q We are talking abo'\]t. 194 7 to ~.958,' Your Honor. '' ..: u a: A 1-She was a Bell Telphone oper~tor _and she always had evening Ill e a· .J .. <( ~ ·hours, usually from f:i:OO o'clock in the e~en ing t<;> 12:00 o.'clock c . :J ..., :t ' ' from seve~ in the e;vening until 1:00 o1clock, ·and soforth. ' .. ,... 'N Q . And you :were working differe~t shifts and soforth as a I ui a: Ill I 1-a: 0 practicaL nurse. I 0.. Ill ' I < a: A 1-Yes.· ... a: :J 0 u Q . . .J. ,. ' -~ ,, ~ .. <(" ,. ., ,. u ~II· ~ .11t ' . [ II. Duririg thaf period, how many 'ho'!JrS a week did iyou work as a f io. . ; ' ·. I ' practical nurse? '• .< .... . .. 0 e A Eight hours . .. • ' ' Q ., . 't I ~ So you mean· 40 hours a w eek,generally. A Yes. I, . ' ' Q Did Anthony Hohmann occasionally come for evening meals or sna'cks or'soforth? ' I A Oh, not occasionally. It was very frequently. In fact, it was ~------------~--- •• ·-/,{ ~ t"' J 4J • ~ \. r ., , ""' ~~ f: • , . "12 .,., f all the time. And then after, the evening mea 1: · ar:td they would " ~ . 4 • ' - t-• ~-· r ' .' ' 111 ; t _ If . ~ t l " . ,· . 'I "'" sit around ori the patio or in the livingroorii and' chat awhile,···~ 1 -· ' ' • \ I • i · f ' and p:r:etty sooh he1d say, ·"well, Queen, is' there anything out there to eat?" • Q Who is Queen? ~ A z I am Queen. · o( > j •. .J >-Q en That is your nickname. z z 1&1 D. A i That 1s my nickname. 0 1-(!) Q ~ I Then what would happen? I: '· en o( ~ A And then I would say, "Well, sure, Andy. Do you wa.nt a ...: ' u a:: 1- cup of coffee too? II' So he' would go out in the i<..itchen. Tom !!! c .J ~ very seldom did because he1d be watching television and he doe n1t u c :::> ., drink coffe.e at night. And so Andy and I would go out in the :t 1-,.. N kitchen and we would have our snack. I would get him a snack ui a:: 1&1 1-a:: and usually it didn1t end up with one sandwich; usually tw_o sandwiches 0 D. 1&1 a: 1-again. a: :::> 0 Q 0 Who did the cooking of the meals and the housework and sofort.h .J < u' ii: • II. I in the .Qowney household from 19'17 t~ 1958? ' . 0 ' •A I did the most of it. But like on my period when I would go awa~ f;rom the house eight hours during the day, my daughter would do it, Mrs. Downey. Q Now if you can, will you give us an idea of the kind of appetite Mr. Hohmann had ? A Well, Pll.give you an idea. Like on the holidays especially, 1e ~ z < ) > ·.J >-Ill z z 1&1 0. z Q 0 t-el z J: Ill < ~ A ...: u a: t-Ill 0 .J < u 0 :J ., J: ~ " C\1 ui a: 1&1 1-'. a: 0 a. 1&1 ~ Q a: : :J 0 u .J < u ~ A 0 Q A . 1~ he would come,s ometimes he and his brother both would come, and they·would have a .breakfast with us; sit around, enjoy them • • ~I' selves and talk to Tom. They would have lunch. Then ?ur big dinner was .usually a~ound a?out 4:00 o 1clockin the evening. We 1d eat a big dinn~r on holidays, and then we1d sit around and have something more to eat before he werit home. Very frEquently he would stay overnight. . Do you have an idea of how often ;he would stay overn.ight at the Downey household? Well, I would say on occasion, if it was. real bad weather or if it was slippery and icy,,1 , he would stay; And sometimes if he , . ' ( •l . ,. ~ wasntt feeling too good/ he·wo'uldstay .. .''And it wquld~un' <. " • I f <. ~ 0 l , >-' • • " ,. t t ,. '· several, I would say. lt1s pretty hard to determine. I .8idril1t kelep . ~ track of it because I never dreamed anything was 1going to happEn I . 'I I to him. 1 •' • t ·, -.. .. ~ ... . • Du;hng· this entire time, did Anthony Hohmann work at gainful employment? Yes, he did. He drove this truck for Westinghouse. What was; his general working hours? Well, as far as I know, I think that he started out early in the morning, hew ould get up fairly early in the morning to start out. Now once in a great lo_ngwhile, he would have to be gone overnight. As a general rule did he work steady dayturn? ~ z < > .J >-Ill z z 1&1 ll. i 0 t- t!> z ; X Ill < ~ ..:. ~ 0:: t-Ill a .J < u I e a :J .., :t 1-,._ N IIi " 0:: 1&1 t-·a: 0 ll. 1&1 0:: t-0: :J • 0 u .J < u ii: ... 0 1- Berty .. , J • i 1' .•' #- Yes. A . ' Q After he was done from work, l\llrs. Berty, will you tell us what Anthony Hohmann generally did? Yes. He generally would maybe clean 't~p a little bit, at least ' ' ~ . A shave and put on maybe a dress shirt or you 'know, and a tie. He did make it to o~r house because at that time Leo Downey and his family w'ere not back from California: .. ., Q Now we are talking against from the period 1947 to 1958. Is that r,ight? A Yes,sir. Q How did Tom. and Marilp treat Uncle Andy, as you call him? A Very ~xcellent. Q Tell us why you think so. . A Well1 I think that he actually came in and 'he made himself at . home. Very frequently he went into the refrigerator and helped ' himself to anything that he liked and wanted: 'He would stretch his feet out in the middle ~f the livingroom and go to'sleep. Anc you could hear him snoring all over the house. And we just ne er bothered. The only time·th~t anything ever was said was when I had a ·tliJO:u:thbi:fttphlebitis and I v:'~snrt su.pposed to walk around t o much or t"Jiiflt my legs too much, and I as kec;l him if he would mi ~d · • keeping his feet in, becau.se I was afraid that I might tr:ip and hurt myself more and go back to the 'hospital. .. 14 ' ".' ' .... e ·- ' Berty Q Mrs·.' Berty, to your knowledge, from 1947 'to.1958, did Anthori.) .. . . Hohmann ever pay a cent to Mr. and Mrs. Tom Downey? A· Never. Q Did he ever offer to pay any money for anything? 'A Neyer,· to the best of my knowledge. ~ z < ~ >-Ill z '~-~ II. z 0 .... Cl -~ X Ill < 3: . ..,: 0 1:1:· .... Ill c .J < 0 c :::l ., :t 1-,... N ui 1:1: Ill .... 1:1: 0 II. Ill 1:1: .... 1:1: :::l 0 u .J < 0 ii: "" 0 Q A Q , .. A .. ' Q A Did he ever, buy a meal? Did ,he ever buy the groc~ries'?~.. .,, • ;· •• , ,. f li ~ ;t ~ .._ t . . ·"'' 1 . .. / • I Never. • • • ~ .. #<: • .Did he ever pay. for room and board or for ~er.vi~ es t_o him? ' 1 l I ~ Never. . I lj ~~,.~) ii ~!jl''., .. ~~· ,.~·. Q .Now, 194 7 to 1958 again, where did Uncle Andy liv..e during that . period of time? A They lived at 117'---he and·his brother, at 117 Shady Avenue in Pitts bur.gh, .what ever area you call it. •. l ., Q Let's say'from the S~ott Township house that the Downey's had, , how far away w?-s that from where·, Uncle Andy lived'? A· Approximately; I think abo~t 14 or 15 miles. I don't know, < really·. Fourteen or fifteen miles, I would say. Q. Would Uncle Andy~ drive there and stay and then go back home? . . A Yes. Q Except for the times he stayed ov~rnight. A Yes. He had this litt+e acre8:ge :up at Hickory, .w hie h he had bought, this farm. ·. 15 Q .A Q • A ,..., ,.· o( Q I -.'. ;., z o( > .J A >-Ill z z 1&1 0.. Q. i 0 • 1-~ A z X Ill o( ;: ...: U· 0: 1-Ill e c .J Q I o( u c ;) ., :t 1-r-A N IIi 0: 1&1 Q 1-0: 0 0.. 1&1 A a: 1-' 0: ;) 0 u .J ~· u Q ii: "" 0 e A Q A Q A Berty ~ r:. That was later,. wasn1t it? And he bought th.at in---I'm n:ot sure whe.n he bought that, but . . anyhow, he would go up the·re and spend some hours at a time. ·Now in 1958, where Wve.re Leo·and Mary Do:w1~y'?? Leoj in 1958? ~ ',"' ' ' .. Yes. '., \ '' '·· They moved back from California in 1958. .. . , \ . ~! '' How long toyour knowledge had they been in. Ca)ifornia ?. ' ' I ' (I I I ~ I believe in 1944·. _Marilyn and Tom were marri;·d in 147, ' ' ' I r, : arid Tom said that they had ·gone t9 California in·1.44, I bel'ieve; it was, in that'neighborhood. Now some·years ago then, Anthony Hohmann bought a little farn . . at Hickory. in Was hingtor: County. Is that right? Yes, sir. What kind' of furm was it?. Well, it was acreage,. and there was a little small house on it, but it burned down. Then thE;re was just a barn left. ·Had Anthony Hohmann lived in'that house while it was there, before 'it burned down? No. Was there a tenant living in it? Yes. H~ had some man living ther·e. When it burned down, did-anybody live o-n the farm? No one lived on the farm ·until· just recently. It was in 1970, I 16 J Q A ~ Q z o( > .J ~-·z z Ill ll. A i 0 1-~ Q z J: Ul o( ~ A ...: u tt: 1-Ul • 0 .J o( .. u 0 ::> ., :t 1-,... N IIi tt: Ill 1-tt: 0 ll. Ill tt: Q 1-a: ::> 0 u .J < u ii: A II. 0 e Q A , h ' ' \ .. Q A I • 17 ' , .. believe it was, that he started fixing the barn up, making a place ' . so that he could live there. Because he'i=: didn 1t want to gowut .. ,. and pay rent. . . When you say he, you._ mean Anthony Hohmann. Yes. ' Now before he bought the farm in Hickory, he did not own any real estate as far as you know, is that right;t Not to the best of my kno~ ledge. , ' . What kind of living facilities· did he-have in that barn on this far n? Well, it wasn1t anything to b_e pro~d of. He had,his bed w.as rna< e of boards, · fi~ed up some way, untii Marilyn and Tom gave him a . very· very fine inner spring ·mattress, and I gave him a blanket. And .we alE?O gave him a pillow. · And -I had a niece of mine who < lso . gave him a blanket to help keep him warm. And he had the stove, it was made of part of an old washer. Now. you ar·e talking about the period from ,1970 to 171 right before he died, is that right? Yes, when he sta_rted fixing. it up for living quarters. Who helped him fix up 'the farm, if you recall? My ·son -in -law, Thomas Downey. He helped him to fix it up aSJ much as he could. t • ' ' • ~ 1 • I ~. ' f r-: And did any others help, that'you: recall? I, •• ' . .-, 'u. • !· l..to • of. .. Well, I don1t know that anyone else helped. ~ell, I me'an that ·~ '· ~ .. ' .. ··' .. '1 f : .. ( i( r .. 18 carpentry w()rk or anything like 'that, 'you know? building and · soforth. . .. Q "";-.. , ··f r ~ . ' • A '. \ ~· e •. ' Did Marilyn: 'help~ ,f .. ~ f, I " 'J 1 ' > • J4 j" ~ ~ : ·Marilyn went out arid helpea tp1elean .it ,up; .She was o"ut more th n , ' ~'f. ' . • ~ j • t \-.. t '\1 .. t .,. ~ ":I. ,, ,··;,'1 -l~l. < .~ t' ,, ''j., ;•' ~-~'f.fl" f·/'1~ ~ ,t II-. I one day. Many day~ she was out to help clean it up. ~~ -~ :! Q z < How often would Tom. go out-to help him out on .the farm? I • ' ,, > .J I >-. II) A z z ill D. i Q "' I •• ./ Very frequently he was out there helping him. ill ~ ) .o ~ 4o I t \. : ' 6 ,•. ~. Well, when you say very frequently, can you try to g~v·e us an ·11 ea 0 1-(!) z of how often? .x: II) "< ~ A I would say when he had free time, he would go out like on may e ..: 0 a: 1- . even a Sunday, until he got the place---the weather stripping .. II) e c '.J :! 0 on the barn so it could be livable. c ::J ., Q :t Did Anthony Hohmann have anyone else to rely on ~xcept 1-,.. N . Leo and Tom? IIi . a: ill •, 1-a: A 0 I donrt know whether he did or not, to tel~you the truth. I D. ill ' a: ;. 1-a: really don't know. If he 'did,. they didn't' help him much. ' ::J 0 ' 0 Q .J ' ·< ' Now I'm referring to t.he perio·d from 1958 to 1971. This is 0 ii: ll. 0 ' .the time, according to your testimony,· that Tom and Marilyn 1- e .. Downey had a house in Scott Township, Allegheny County. Is r' that right? A Yes, sir. : Q . Did Anthony Hohmann come to visit them at Scott Township in ' this period? .. YPP. more often. ;. ~ . Berty . 19 Q Now will you ~ry to tell the Cour.t wh.at ~ou mean by m~re ·often ' ' ... ~ :. ~~ ·-. i I .~" t I '-" ~ ' ,• ! • I t f ' A ( '~ ' . quit work, qu.it taking cases and an, when my (?,ne sister becam~ .e ill and 'died·, and I didn't go back to wor.k b'ek~~s~•at tha't /ime :' .. ~' ~ ' 'f ·, ::l! z < Tom went into business for'himself ,_ Dow~ey:s, W~sh~w. aqd ~ryer t ' .,. .. •. 'f ~ .~ 11 ~ > '.J >-Ill . R'epair Service, and Andy 'came around there. In fact, well, it z z Ill D. i was nothing to see him everyday; in f<l;ct, ev~ryday. 0 1-(!) Q z i: How many meals would he take .at the Tom Downey household . ' . Ill < :: during this p~riod? t-= u a:. A 1- . Three, four. Ill ., e 0 .J Q ::l! ~ When he was working, how many meals did he take? 0 ::J A ., Well, when he was working, he would, as I said, he.would :t 1-,.. N come over to our house. "Do you ha.ve anything to eat, Queen? ui a: Ill 1-a: rB there anything cooking?" And we would fee'd him then. Th~ n 0 D. Ill a: 1- he would sit aroun€1. and he would say, ·"Well, I have to get a: ::J 0 u up in the morning. I have to go home. " ·.J ~ u iL: Q II. Are you ?aying that when he was. working he w_ould come after 0 work? A Yes. Q And have ,the evening meal arid then a snack. Iq that what you are saying? .A Yes., sir. Q If he came there from work from 1958 to 1971, that period, '< \,T Bertv 20 . ' what time would he usually get to the house? .A Well, he came,_ a.fte~ he retired, hewas there practically everyday. - Q For many hours are you saying? A Yes. -. .. :! Q z o( Do you recall when he retired? Was it in tl:e sixties? > .J )o Ul MR. RIDALL: I believe the witness 1s z z 1&1 ll. i •, testimony was he retired in 1965. 0 t-Cl z :r Ul Q. o( I don't recall that. I think that is apparently correct. :::= ...: A 0 I said he was o5. a: t-Ul e 0, I .J ::5 0 c THE COURT: The witness is correct. She said he was o5 when he retir-ed; not 1965. :I ., :t Q 1-I' If he was 71 when he died~ it must have been about 19o5. Ill IIi 0:: 1&1 Thank you, Mr. Ridall. So after ·1965, he. would be there how t-0:: 0 ll. 1&1 often? 0:: t-0:: ' :I A 0 Practically everyday. 0 .J . ' o( Q 0 How many meals would he take? ii: LL. 0 A It was like he lived there and just came in. Even the 'neighbors . . ' I . e ' . ) .. f • ' • ~. ,1. all thought he lived there. .' ' 1 ... ' l . 1· , ... ' { f: '·, ' . ' . .. .. . .,:;.·... . . , . How ma~lY./ meals would he take ? · ' . ~ Q. I'· . .. A Three, four, five; helped himself, whatever he: wanted to. H~ .. .. never stopped eating. ' ' ;: -' ~ j Q . During the period from .1958 to 1971, did Mr.' Hohmann also) . ' e ~ z o( > ..J ~ Ill z. z Ill 11. i ·o .... C) ~ :X: ·Ill o( ~ ~ u 0:: .... _ Ill c ..J :!: u c :I .., :t ... r-N ui 0:: A Q A Q A Q A ~ Q 0:: 0 ll. Ill 0:: .... 0:: ,:J 8 A ..~< u ii: Q II. 0 A Berty go to the home of Leo and Mary Downey? Yes~ he did. Have you been over at their place? ·. I Oh, yes, I've been to.their ·place when he came. Yyhat, on the average, how many times would he go to their plac·e? Well, three or four times a week. I mean it was _just the same ~hing. If 'he ate three or four 'meals at .. our place, he would go down to their place_and eat the.same down there .. Did he ever live in a.boarding house where somebody cooked meals for 'him? He never had anybody to cook'm.eals for him, no. I believe it was in late 1970 when he got a room out at the Cecil Hotel, but just a room. But he was hardly ever in it. Although he had a room at the Cecil Hotel,· where would he go t D get his meals? To our place: •. I And how about Leo and Maryrs. place?. .~ .. ~ " ~ • • . ~ l <to ' ~,. J -• lj ~ r • ,!,.. 1'-•( oJ ~ ~ ~. ..;1 .tl tl<~ • ; 'well, they lived so muc.h far'ther away that wli.en he was'·going out on his way out to the farm, it was closer for him to come • J ~ ' to our place. But then in the evenings, you kncSw, '·~ayb~ ·. • ~ t •• • ..-. f when he would be going home late in the evening, he would stop at Leo1s and Maryrs place and eat down there. And there were oc cas io'ns on holidays when Leo and Mary had him for the ~~-----------------------------------'---- 21 '' • '· e ~ A o( > .J ~· z z Ill 0. i 0 I-C) ~·Q ·x Ul < .:i: A t-= u 0:: .Q 1-Ul c .J A :5 u c :J Q ., J: .. ,,.. N A ui a: ~ Q a: 0 0. Ill a: 1-•a: :J 0 ·u A .J <( u I ii: II. 0 Q A Bertv . ' , ·""' '" ., f . • "'.r .. . I } ~ .._ ll 1 holiday dinn~r, and it W OU~dbetthe E!~rD,e thing,' heW, oold eat , " ."' -~ .... ;,, I • .),, .... ~ ,... ··, , .. ' ~ ' there ·and then he would c'ome up to see us and eat more up at 01 r ,. • • ..... , < . '' ... place. . •.· ';" ~, , ._. ... .. ,..~, .. ' < ' To your knowledge, Mrs. Berty, did ,Anth~·ny' Hoh;na~l~ ever, ' 1 -~ '.J. . :, fl pay c~a thing at either Leo ~r Tom's house? No, t:O-=> the best of my knowledge. And I know he never paid anything to Marilyn and Tom, ·and I doubt that he ever paid Leo and Mary. Now he had a brother name·d Leo Hohmann, is that right?. That's correct. And did the·two of them live.together for some period of time? Yes, they d{d . .. Do you recall approximately when Leo Hohmann died? Yes. He died February 4, 1970. Did the two of them live together fo~ some period of time befo.r ~ 1970 ? Oh, yes. They have lived together for sever.al years. I don't know' exac~ly how many years. Where did Leo take ~his meals or what was his ·practice? Leo was the typ~ that he was restless. Leo ate at ~ur pl'ace many many meals too, oh, yes. In fact, there were times whe[l I thought that he was going to eat as much as Andy was. But • .. ' l -• he didn1t ~at as rriuchbecaus e he ~as a smaller eater. But 22 ' ' ' I ' . lt. I • • e Q ~'A z o( > g Q z z ,1&1 0. i 0 1-~ A I: Ill o( ::: r: ~ a: 1-Ill 0 .J ~ ~ o. :l .., :t 1-,.. N ui a: 1&1 1-a: 0 0. 1&1 a: 1-a: :l 0 u .J < u ii:-II. 0 Q A Q A Q Berty ' ' , ' ( • ·t·. I i ' ' ' t ,~. \ ,, ' ' !-' '' . ' oc'casionally, Leo would go o~t and eat his m~als,(ol:Jt .. M,. aybe_.· , '. ;. • . I·' .h I • ·. • • i' '!'f If. .. • • "' he would stop at a couple pl~ces. · But. he still ~;·uld c~m~ back • ' • ' 1. i4 ·~ ~ • ., ' ·;. • t ... ~ ' ; ·..[ . ~ :· to our place to eat at least one big meal. · · . . Now to your.knowledge, did Tom or Leo give or offer anything in the way of :material goods to Uncle Andy? ~ . ~ ' ~ Np, none. For example, out at the farm, did they give him anything to use out at the farm·? Oh, yes. As far as out at _the farm:, yes. Tom gave him a refrigerator and like I said, that mattress. I gav'e him a blanket; another niece of min.'e gave him a blanket. And we gage him some dishes. I gave him a pot to cook out of, 9ut he didntt use them. Well, .these things belonged to who, to Tom and Marilyn, most of them? Yes, except the blanket. The mattress ?elonged to them and t e blanket ~elonged tome_ and the pillow belonged to me. .No~ Mrs. Berty, I want.to discuss· for a few minutes the times w heri 'Anthony Hohmann may have be_eri either ill or injured: . . . . And I want to call your attention to about Ju'ly, 19o8. Do you '. recall about 'that time? ' '· Yes. 23 And will you tell us what if anything happened to Anthony Hohmc; nn orwhat his conditionw3s at that time_? 'I ' le I A Q A Q :!: A z o( ~-~ Q z z '1&1 a. A i 0 I-C) z :r Ul < :: ~ u 0: 1-Ul c .J :!:· u c ; Q J: I-,.. N A ui 0: 1&1 ~ Q 0 D.· 1&1 o: A 1-0: ::> 8 Q .J < u ii: "" 0 ··' ,. ' ' Bertv · 24 Well1 he became ill and he was well enough to get around. a little· bit, but he got a very. bad cold. A bout how long did t[!is last? Ohj about three weeks. And who tpok care of him during this period? Leo and Mary. Where did he stay during that period? He stayed at their house. He was too ill, because my son-in-lc:w wanted to know why.·.h:e.hasn't been around,· you know. He was worrying about him. He wen't out to the farm to see if he was all right and he wasn't there. So we called Leo and Mary and he was down there, ill. Mary Downey took care of him' during this'period of time •. ' I .. ' • J ,.t r ,"·f ~ '' I Yes1 she did. I ' .t .. , /I '• ~ :• ; " J "t t ' t • ~ I Did he miss w or.kidqring this ... period of. time·?· • ,t Well~ he was not _working. I mean he'd reti:r:ed':then. J I . . . ~~ ( . • ·, • I • I'm sorry. Tha~.'s correct. I call your attention to December of 1970, and he was ill on ati~her occasion, i~ 1tha't righ;t? · A . Yes. He was ill. He had a cold then, but it was not as severe, I don't think. Q Who took care of him during that period of time? A Leo and Mary took care of him then. At their house? A At their house. I think a couple of nights now, a couple of night Q • A. ~ Q ,Z < > .J )o A VI z z Ill ll. Q i 0 1-CJ A :?: :t VI < 3: ...: u Q ii: 1-VI e c I· .J ~ ~ c ::J A ., :t 1-,.. N"·Q· IIi . a: Ill A· 1-a: 0 ll. Ill a: Q 1-a: ::J 0 u A .J < u ii: Q 1.1. 0 ·e A Q A Q . ' Berty '· ·~ r ~ f ~ f then on that cold, he was at our house. And he went from our ' ' house to theirs. He said he was going home., And' so he went do ~n "'' ,,. to their house. So they took·care of hill;l. Also, ~eal~ and stl}ff like that. Oh1 yes~ definitely. How about medicine? Was some of that provided for him? Yes, it was. By whom? ' ., Leo and Mary;_and then when he was at our house we gave him our medicines • Then in 1971, which was before. he died, he moved to the Cecil Hotel, is that right? Correct • ·, And did he have just a room for himselfat that time? Yes, he did. And where did he take his meals? At our house. And sometimes at Le<? ~nd ~ary1 s.? Sometimes at Leo and Ma~y's. · Mrs. Berty, who did the laundry and: other things like that for Mr. Hohmann. during .th.is time?' who what? '·, The laundry. MR. RIDALL: During which time? ., 25 Q I wa.rit to talkabout·first, .. the·period between '70 and' '71. . . ' ,.• A My son-in-law gave him. and his brother ~eo washing machines, I think about three, over the years. And he took, I believe it . ' . was a Maytag wringer washer ou~ to the farm. And. he was usin~ ' . • it out there. He would put his ~lothes in and wash them out. I ~ z < don't know that he ever went to .a laundrorpat. But we did washi~gs > ·.J '. ·> Ill z for him too; and so did Leo and Mary. z 1&1 D. i Q 0· Now I'd like to back up a little;from ·the time.1947 until 1958r 1-C) ~ X oid Tom and Marilyn _d? any of the !!laundry and personal things Ill < ::: for Mr. Hohmanri? ~ u a: A 1-Ill Oh, yes,. we did a few .th1ngs different times. I remember orie e 0 .J, '· ;·.; { ~· .. ! ~ . u '·' ! 0· ::J .., :t time he came over' he' h~d' a ~"?~g about this .. ?ig full-of c;lothes . ~ ~ I . ~ ' , -:il , ~. ' '-, .., f;; • • ,.-J ~ .! : '< ' 'And he wanted us to do it. /Well, Marilyq was going to go to .... ,... N ui a: 1&1 1-a: 0 the hospital for a minor 'operation at that time. 'fond s,o, _I wa~ on 1-'. ,. j •. ~ • . • "' / ,;1. •. ' < f ,/ a case, and I couldn1t do the laundry .. And she cou"lCln1t do tt. D. 1&1 . ' f . a: 1-a: sow e told him to take it to a laundromat. So thaf he did, I gu_es~ .": ::J 0 u .J Q < Except for· that occasion, is it your testimony that his laundry u ii: II. 0 was done byeither Tom aQ:t Marilyn at ,that timefrom 1947 ' " to 1958? A Yes. Q From 1958 to 1971, who, if anybody· did Anthony Hohmann's laundry? . A Well; he. apparently---! mean he used this washer and would p t thincrc;: in rhiR washer out at the farm. Now on occasion, he wmld Q ,. A • ~ Q z < > ~ >-Ill z z ld D. i A 0 1- (!) ~ Q :c Ill < 3: ...: u a: A 1-Ill e 0 • I ~-Q' u 0 :J A .., :t 1-,... N .. ui a: ld 1-Q a: 0 D. ld a: -A 1-a: :J 0 u Q ~ < u ii: A II. 0 Q '"" . :lc\ f. r , ·: ~ ' ' . .' ~ . ' . ' ask us to do up a shirt for him. When did he get this-washer·that Tom Downey gave him? Well, they always had a washer. Tom ga·ve them: a washer wher: they lived over oh _Shady Avenue. He gave the~ three '\ washers, I think it was. So even though he had a washer, he still wanted you people to d his washing for him. There were times I think that you would 1tcike Uncle Andy to Ohio or things l~ke (hat. Ami correct? . ' I would ,get him to drive me to Ohio. And 'who would pay fo~ the oil and gas? I paid everything, meals (l.nd everything, and give hi~ money ..besides. Why did you want to go to Ohio? -·, ~ ' My father and mothe.r are huried in Ohio'. And Uncle Andy would g:dve you up. Yes. N;ow Iw~uld like to refer .... again to the period 19q7 to 1958. And will you tell the Court whether or not Mr. Hohmann made any statements about what he expec;ted from Tom and 1\'Iarilyn a~d what if anything he wo!-1ld 'do for th~m? He always said, "I donrt Know'·what I would dow ithout you and .. / ·' ... J ' d I '• . ' .. I ' ~~ I ?.7 • I I J t ! • ~ z < > ' .J >-II) z l z· l 1&1 ll. ' i 0 A 1- (!) z x II) < ~ ...: 0 0: 1-II) a· .J ·< ~ A 0 ::> .., :t 1-,.., N ui 0:: 1&1 1-0:: 0 A 0.. IIJ. a: 1-a: Q ::> o· u .J < A ·U iL' ~ II. .. 0. Q A <.Q A Q Berty '28 Tom. And I expect to leave everything that I own to you and Torn · .. and Jiggs and Mazzie in m~ Will." THE COURT: I didnrt hear that. MR. RIDA~L: Her voice dropped, Your Honor. THE COURT: Listen toyou r attorney · and start all over again. I didn1t hear that: "I ex.pect to lea':e everything I have to you." He was addressin~ Marilyn and 'to:!?. "To you and Tom and to· Mazzie _and Jiggs. ' Jiggs is Leo Dow ney . THE COURT: \;Vho is Mazzie? Mazzie is ¥ary. .THE COURT: Mary or ·Mazzie is Leos wife. Thatfs correct. You heard him say these things during 1947 to 1958. Many times •. Now before 1958, Leo was not back frorp. California yet. No. . . ~ ,· f ; ' ~. ~ Wh~t would Anthony Hoh~ap.n say ,'-if you recall, in the presenc~ of either Marilynor Tom? What would who say? · .· ,. 1 til What did Uncle Andy say: in the~r\pr,esence? < , ..... ~ ~,-,, ~~ .; o , .. lfi t ~ ~ ' ~ , I '11 ·( ,.. ,} ' I .. ' . THE COURT: In regard to what? In regard .tow ha·t he might do for them, if he died. He always said, "I don't know wh~t I clvould do. ·You have all been so good to me. You Q.ave done everything for me. And I do expect to leave every thing I have to you and Tom. " ~· ' "-' ' • + ~ • " Now in return, what was 'it that he· expected them to do for him. Well, for taking care _of him, ~e says, "If you take care of ine, I'll see that yo~ are taken care of." And you heard him say this many times? Oh; yes, many times. Now when Leo and Mary came back in 1958 from California, ' starting at that time, did you hear ·Uncle Andy say something li e thaf again? Yes1 Idid. And would he _say that he was going to take care of them? Yes, he did. What did he say sp~cifically that he would do for ·Jiggs and Chie ? ' Fii·st of all, who. is Jiggs? Jiggs is Leo. Who is Chief? I Chief is Tom. He·would saytLeo and. Mary or Mazzie and Jiggs, . . .. I . ·-. _·. .. • if ~ ~ 1 t "' .. , ~ r ';. -~~~ I ~ + ~ ' ' .,. .{ I becat]se you know now who t;: Mazzie 'and ·Jiggs' ar·e, PMazzie ". and Jiggs and Marilyn and Tom have all been so good to me. 11 • ~.. "' ' ~ t ,. ... ~ t '\.~\.:.. ' . l 0\ 1 ' . ' 29. ;(. Berty And he said, "I do expect to leave e,verything I own to them in my Will." Q Now I ca-ll your attention to.about·February of 1970 after Leo had died, in the livingroom of the house . • A Yes; sir. · ~ Q z <( And will you tell the Court who was there at that time, relative • L • ~ > .J I ' . ' ,, >-Ill ~ / -~. '~·· z . . '\.. \ ' z Ill ; .., r I "'., • : ,. ~ ·~ ' !, -i'_ .~ { ' t '.' '.- ( to what Uncle ·Andy said? ,. Q. A i Yes. Tom cwas there, Iwas there, my nephew, Samuel Welch. ·' 0 1-' C> z :t: Ill <( ~ THE COU_RT: Whe~ was th1s now.?' '"' t-= A !::! This was approximately two weeks after UnC'le ;Leb qied ... We 0:: 1-Ill 0 called him· Uncle Leo. That was Anthony Hohmann1s brother. .J ~ u 0 ' ::J -, THE COURT: Was Anthony living at tr at :t ... ,... N time? ui 0:: Ill A 1-0:: 0 Anthony-was living at that time. . ' ' a. IIJ a: Q 1-0:: This :'as at -th.e livingr'o~m of ~om at?-d Marilyn1s house where you ::J 0 u .J •' were allli_ving, · is. tpat right? < u ii: A II. Correct~ on Somerville Drive. 0 Q And what if'anything did Uncle Andy say at that time relative to what he was going to do? A He made 'approximately the same statements, which was just about the same each time. "I expect to leave everything I own, P m going to leave everything I own to you and Marilyn and Mazzie Q e A ~ z ~Q ·.J >-Ul z z Ill II. i 0 f-• C) z :t Ul < ~ ..: u a: f-Ul e a· .J ~ u 0 ::l ., J: 1-,... N ai a: Ill f-a: 0 II.' ~Q f-., a: ::l 8A .J < u ii: u. 0 I ··e Q .,. '' A Q A Berty and·Jiggs. 11 And you heard him say'that in your pr~sence? Yes. THE COURT: What year was thi~? It was in 1970, approximately two weeks after Uncle Leo died. Again, what did Uncle Andy say he expected, them to take care of him? .... MR. RIDALL: .. , ' ' Your Honor,· I think .· ' I have been, very lenient in objections on· the basis of leading ques.tions. TP,is iS< a very crucial area. of her ' testimony, and I object t~ that question on the groundE it is leading. THE COURT: I will have to sustain the t. What if anythin~ .. did Uncle Andy expect from thes'e people? He expected them to take care of him ahd to feed him and just like he had been doing o;er the years. I callyour, attention to the summer of 1970. And again, in the ·• . I' .. livingroom _-of the Tom DowneY' househoid, ~do you· recall that ~ ~ . t , , .[. . . ' ~.~ ~, :I • ,. • f ; .,. t•t _,. .,..... If , ·"' •. t I. ~ "'• " ... • ~-"· -~"' •· "f, . .., J t ". ~ '~ occasion?. Yes3 sir. . ' . ~· I"'·"" ~'"' . . . . . . Will you tell us who was· there at that time; Mrs.' Berty ?1 .. . . . . ) Yes.· My nephew again, bec"iiuse he was stay'ing.with·t.is,' Sanim 31 '. ... 32 Welch, he was staying with. us. And there was Sam and Tom, and I believe· Marilyn had gone. to work. Icanrt quite recall. And I was there, an.d Uncle Andy was there; and he made appro i- mat ely th~ same statement, for we had had a very very good (• . ' \ . ~ . ' { " l ~·~~ (I ' • Y I •.t'' .' l • "'"' ··~ k"'' t. I ! I *. THE COURT: This was .in the sumcie~ · . ' . dinner, and---- of 1970. • , .. ~.: , ..... <I', ,1!1 ' Yes. t ~ ~! f· ' I' '' Again, I must ask you, what did he say he would do for you? He said; "I am going to leave everything I have, Chief, to you and Marilyn and Mazzie and Jiggs, for you all have been so good to me,, taking care of me. ·I don't Know what I would have done without you." At the same tim"e, that summer of 1970,· did Mr·. Hohmann say anything a~out h!s Will? He s~id, !'I am g.oing to leave you inmy Will." Now again, in 1970,' at the Thomas Downey household, and th~s . ' time out on the patio, I will ask you if'you recall that occasion'. This was the anniversary, I believe,. this was the anniversa!'y dinner. Q For Tom and Marilyn? ,· A Yes. Q So that would be August of 1970. A Q A •• ~A < > .J >-Ill z z Ill Q. i 0 1-(!) ~A :I Ill < 3: ...: 0 0: 1-!!! -o ~A 0 0 :O:Q J: 1-"' N A ui 0: '• Ill 1-0: 0 Q. Ill a: .... 0: :::> 0 0 .J < 0 ,• ., . f < • I '/.l' . .. .. "" ' ~ ; ii: A II. 0 A Q .. A Yes. < •, . , .• ~ -. Who was there at that time, Mrs. Berty? Sam was tl;tere, as .u'sual, because he-lived with us. Who is Sam? Sam Welch. THE·COURT: Whose anniversary? My daughter's and her husband's an-qiversary. . ~ ' ' THE COURT: ~edding anniversary. Yes. Samuel Welch was there; who' else? Sam and naturally, Andy, and my sis'ter, Nellie, who ts seriously ill in the h?spital.now, ·and her daughter, Helen. THE COURT: Helen whq? '. ' ' Helen Wickwire. ~ ., t ~ ~ • ' Nellie and Helen;W.ic~wire .. ' t ..... -,.~ .... f ...... ,, ~l ·' ,.. ,, f ' ' .._ 4-,t • .. • ~ ' .... . '( ; •, I , THE COURT: Nellie is in the hospital now? Yes. She is not expected to live. In fact, she .is.'uriconscious • + .f' .~ • /. right now... $he is rr;Y sis ,ter. ,' 'i '• "' Who else was there? My stepbrother •. Roy Manbeck .. He.was' my· stepbrother. -He's '. ., I . .. .,·;:·t ... ·_., ··~ • c( z Q' A A ~Q >-Ul z ~A D. i 0 .... t!) z X Ul c( ~ ..: u a: .... Ul 0 J' c( u 0 :J .., ~Q 'C\1 IIi a: Ill .... a: ~A Ill a: .... ~Q 0 u J ce A u iL: 11. 0 Q A Q A Berty dead r{ow·. He died shortly, very shortly after Uncle Andy. Were Tom and Leo there? •• Tom· and Leo were there. ~ · 'I . './ • •• J 1 . l !'I 't .. ; '" ,. . ~ # i; ' ( ·' : . ( '-~· THE COlli T: ·Sam Welch was there Yes. And Mazzie and Jiggs and Sam. Welch ~~E3 tr~r,~. ·. What did Anthony Hohmann say on this occasion,? - • • . --~~ ;· l ' ... i t On the same occasion, on this occasion he saysj "You have all been so good to me, I don1t know what Jld do without you. .. Believe me, Chief,'' he says, "Chief and Leo, " he usually . . . called Le·o by hi~ name, "Leo~" pe says, "Pm going to leave . ' ·.ev-erything I own· to you and Leo and to Mar~lyn and. Mazzie. Everything I o~n," h~ says.' That1s exactly the,words he said. Now I call your att~ntion to an occasion _in March of 1970 when • I Uncle Andy had an mfected toe. • Th you remember that? Very well. ·Who took care of him? . I and my daughter. ·· Your.daughter, Marilyn. Yes.' Where was this care re.ndered to Mr. Hohmann? In the kitchen .. He came in, he came very early, and he says, "\vhat1s cooldng, Queen? II He had a 'smile on his face. He came in and. I gave him the coffee first. And then I made his : :14 . 'I • I . f ~' " ' ' . • .e r~ • i I" f I f" .. le ~ z ' ~A .J )o 1/) z z 1&1 0.. i 0 1- (!) z X 1/) < 3: ...: u a:..-· 'I- I/) 0 .J < ~. 0 ::> .., :t 1-,... N IIi a: 1&1 ·, 1-a: 0 0.. llJ a: 1-a: ::> 0 u .J < u ii: Ll. 0 Q A ·Q A Berty '· breakfast. Well, he ate his full, and •. thet! he says, "You know, Marilyn," addressing my daughter·. "I have a bad toe." He. says, "Thereis something the matter with it and·it's hurting like heck. 1•1 THE COURT£. Like what? Like heck. It's an expression occasionally ~e used. And I said, "What's the matter, Uncle Andy?'.' I called him U~cle An?y. too sometimes. So he says~. "Well, I don't. know for sure, but~ ' . he says, "I got a cramp in rriy leg a couple.·days ago and I fell. out of bed trying to get up out of bed before the cra!:Ilp got too bad, " and he hit his t~e against something and cut it a little bit or did something ~o .i~ ... Anyhow, it was pretty bad looking. I made warm boric acidwater and I had a-big plastic container we had something like a plastic tub, and I put his foot in that an I soaked his foot for about a ·half hour. ·And on that occasion., ' ~ f• '·~t'.-. . .. t • , , • ,.. r F )q t ·I Tom had already gone out to·work'and Aridy stayed at our house t \-I)'•' # ~ .J· I .. • !" ~ t • ~ ~·} -1 • -"', ',: all day that day. That's one of the .days he ?~d st~y all day. And I soaked his foot and I bandaged his toe up,' -r I b~ndaged. ~· ; ~ ·<r; -l .. : J his toe everyday then .. • t ~ .,_ How long did it take, did you .say? For a few days; at least three or four days. ', Did it get bett~r? It got much better. 35 I A .----------------;c;------------------~--- Berty 36 ' .. : Q -' ' J• ,, ' ' ' ,I<l' ·~ • ' ' A .to II: '/ ' During that time,, did U~cle ';Andy !'ay wha(he·.wa.s going to· do?: ,,. • \ ~ I' ~ ~ .J •• • + • • Yes. T~af evening, in fact the~:t morning, even to MafiiJliyn and. \' .. I I, and Sam was, there to, Sam hadn1t gone out to work yet becau e t r q "t , .' ~ ' 't. f he went to·work at 3:00 o1clock in the afternoon that day'. 'And . . . • • ,... ~ f I he said, "Yoq know," he says., "Sam, F;m going to leave· , · < z everJ7thing I 'own to Chief and Marilyn and Mazzie and Jiggs < > .J >-1/) becaus~, " he· said., "I don't know what I would have ever done z z ' Ill D. without them. 11 . i 0 ' 1-Cl ~ X 1/) THE COURT: Sam, you. have reference < ~ ...: to Sam Welch . u 0:: 1-A 1/) e Ci .J < u Yes. 0 ::J ., THE COURT: He lived with you at tha J: 1-,... Cll tirrie. ui 0::· I Ill 1-0:: ' 0 A D. • He was living with us at that time, yes. Ill 0:: 1-0:: Q ::J By the w~y. did Sam We1ch pay any.bo'4rd while he was living 0 -'U .J < there? u ii: II. 0 A Yes, he did. He paid his board regularly. • e Q ' How much did he pay-? A $25.00 ·a week. Q I'm going to ask you again, at ar{y. time did Anthony Hohmann ever ·pay for anything? · . A ' ~ . .. Q A Q •• A ~Q < > ..1 ~Q z z 1&1 II. i 0 1-C) ~ X Ill < :::= ..: u a:: 1-Ill 0 ..1 ' ~ ~ 0 ;:! Q ., :t 1-" N A IIi a:: 1&1 1-Q a:: 0 II. 1&1 ,a:: A 1-a:: ;:! 0 u Q ..1 < u I. ii: A II.. 0 Q /v ' T ~ ~ ~ i !' \ ,. '' 4 •• 4'.'; . -~ ~ .; t .i ,. ' ·Berty The, next occasion I'd ltke to call your attEmtion,. to is June 141 . . -~ . 1 , ~I' 1 ., l , " ~jt • • ' ~ J t • t 19'71 at the Tom Downey household.'. Do you recall that occasion? Very well. And that was how many days before he died? Two days before he died. Who was there? • • • .f j . ,., I •, ''37 I was there, Tom_ was there, Uncle Andy was there, Sam was tr ere? because h~ went on a midnight shift that night .. And my sister .Nellie,and Helen, they also were there; Helen is Nellie 1s daugh er .. , the Wickwire1s, they were there. And also a neighbor was the e who rece-ntly has died, not too recently, I mean died almost two years ago • Was Jane Ward there? Yes.-Jane was there. And who is Jane Ward? Jane Ward is my niece. Who is her mother? " • ~ I Jier mother and father were .separated.· Ar:d they were all very small children when they separated. Did Uncle Andy say how he was feeling that day? j f ~ .. • I Uncle Andy~ after we went out onto the porch, he had eaten a good meal and after we went out on'to t~e porch---- You 1re going to have to talk up, Mrs .. Berty. . I A • ~ z < > .J )o Ill z z Ill D. i 0 1-C) z x Ill < 3:. ...: u 0:: 1-Ill e ·o .J Q < u '' . 0 I' • f ' :J I , ~ r 1 ~ ., A J: ... " Ill 'Q IIi 0:: Ill ·' lr A 0 D. IIJ a: Q 1-a: :J 0 0 .J < 0 II. A II. 0 Q A Q ... Bertv After we went out onto the patioJ he rubbed. his hand across ' ,· his forehead and he said, "You know, Chief, I have'n't been ' · feeling very good the last few .days." He says, "In fact, ·I'm · r~ally sick." And he says, "~think 'that Pm going to l:er"sick~ If anything happens to me, Chief, I want you and rom to go out on the farm and I want you ·to get the things and 'divide them." 38 And he says, "Ot~er than that," he ~ays, "I' .m leaving everythi g ·I own to you a.nd L~o and To~." He s.ays, J'}i[ have some busine s t9 take care of and I don1t want Fo st~y t_oo late toni~ht. '' We tried to get him to stay. all ~ight that·.night, but he satd he he: d ' • <;' ' . ' to go home t? get some papers. · j ,._o!t I ..... ~ • 1~ ~ Right after Marilyn and ~To:i:n wefe· m·arried. · , . • . ~ t ~ I ~ •• ' .rOt,.f ~ J ' . I , I .. ~ i . ' ' . .-.. v ~ -ll' • "It '• ':f That's 1 ~H '7. •. Yes, 1947. ·Now, Mrs. Berty, for how many years ·Were you a practical ~ "' *• r ~ \. . .,. . nurse? I was doing practical nursing for a,bout eight, nine years. B~fore that, what did you do? Before that, I worked at Frank & Sedar1s. Well then, I did a little bit of practical nursing .just on cases befo;e· I went into th . .. hospital. Did you do some practical nursing in 1960? .. ' .. I I • I I i A Q A .Q :!: A z < > .J ~ Q z z Ill o. A i 0 ... ~ Q 'X: Ill < ~ ...: ~ A ... Ill 0 .J < ~ c :::> ., :t r " N Q ui a: Ill ... a: 0 0. Ill a: A ... a: :J 8 Q. .J < ~.A II. 0 Q A Q Mrs. Berty ~~,j. ·f jl I . i\1 ,, )!' 39 Yes. '; ·~ How about the 1950's? Yes. I was still doing some nursing in the 1950's. In 1947,' when you began living with To.m anct' Marilyq, where were you working? . ' . (was working over at M~ntefiore H'ospi;al •. < ) I ~ In Pittsburgh? Are y~u familiar with nursing ~ervioe~· and their value and soforth? · Yes, I am.· I don't prac~ice at all, you know~. because mostly th~ cases I took were home cases after I quit working at MontefiorE -Hospital. ' And how about the purchase of groceries c,;nd soforth? Who did that for the Tom Down_ey household? Marilyn and Tom did all the shopping . . . . Did you do s orne of t~e shopping? Just occasionally, little things. Are you familiar w it!l the values of food and nursing services and soforth during this period? Very much so. '• Now let1s talk first of all abou~ the period from 1947 to 1958, remembering that' your test.imony cis to tlie effect that Mr. Hoh1P,ann ~----------;o------ ' Q • ~ A z < > .J )o Ul z z Ill o._ 'Q z ,. 0 1-C) ~ :t Ul < ~ A t-= E . . ' l " .. .. ; I ' ,' . ' ~ ( ~ ·t . .. • u Q 0:: .... Ul 0 .J < ·u 0 ::J .., - I :t .... " N A . ui a: Ill 1-a: 0 D. Ill :. Q a: :J 0 u .J < u A ii: II. 0 Q A Q A Q .Berty 40 visited the Tom :Downey household.· Yes1 sir • . According toyour tesfi:r~10ny, what would you say would be the value per day of the meals that he would take or per week at th~ Tom Downey household? ' ' Well, w£ere he to go out to a restaurant and buy his meals like that, he coulc:ln't get a meal unde~ $2. 50 to $3. 00. ' .. Is it your. testimony, I beli~~e, that sometimes he'would tak..e several meals iri orie day? Yes. . 1 Now ~e. have got 'to try to det~rmine ,the value of .these per day ... If ~ ~ ' • J L, • • ~ t f f '< 4:, fl 1 -t ~ '"'. • 0 • '• -· f~ t f • <,,~~ 1 1 or per we.ek, based on the number· of meals he took and how many visits he made to the household .. • •I ' .i··,. ,'1 ! ( ' " f-·I . "' .· Well~ I would say, actually, no less than $25.00 a week. And that would be putting it mildly. .,.. t . ' Do you lknow whether or not Mar~lyn a~d Tom and Leo and Mar. , how did they ta~e his visits into account? ' ' Well, they took it as a matt~r· of c.ourse, because I mean they liked Uncle Andy. We all did. They bought an· the food for this, did they? . . . Yes. He' didntt contribute anything, according to your testimony. ' . ' ' No. he did not contribute ev.en oqe penny. How about Mr. Hohmann's liking for bread and things like that, ' . • -- ' ' A Q A ~ z · .• < . •' > .J )o Ill z z 1&1 D. Q i 0 .... ~ A :t Ill < . ::; r: u a:: Q .... Ill .o ~ A ~. 0 ::J ., l: ... 1'- N Q IIi a:: 1&1 .... a:: 0 D. w a:: .... a:: ::J 0 u .J < u .. ~ A 0 Q A ' . Bertv and pies.? ,, ' I remember one time--- L T ••• .. 1- l 41 Wait a minute now. Not just·on one occasion. Answer the ques ion first. We Jl, pies, he iikeCl pies as well. as my son-in-law does. And wh~n my s.on--in-law would have a quarter of pie, he wanted his • •. 1· quarter of pie too; How about bread? Bread, he w.ould eat---actually, Pd say he w auld eat practicall two thirds of a loaf of bread . You mean at a sitting? ·Hew ould sit there and take bread and go back ~nd take bread. I don1t know where he put it all. From 1958 to 1971, this is the period that Leo and Mary came back from California, and where Mr. Hopmann was going to ·either their place or to Tom and Marilyn's place, that is.}your testimony, is that carr ect? Yes,-sir. Based on your experience and your knowledge of food prices a~~ soforth, what would you say the ~ost of feeding him those meals· per w·eek during that hp1e was?. Well, I would say at least $35 ~ 00, because. it would be ' ' different, you see, if he just w'ould have one .meal or somethin like that. But it was two, three, four, and maybe one or .two· .. Q e A :: Q z < > .J. )o A Ul z z Ill D. i 0 1- ,,; I ·/· C) Q ' '.; z ' ; I ~·· ~ .... ~ .' i Ul < ::: .t-= !:! a: 1-!!! e 0 .J A < 0 0 .Q ::J ., J: .. ,... Ill A IIi a: Ill Q .... a: 0 0. Ill a: 1-a: ::J 0 A 0 .J < 0 ii: ... 0 e Q A Q A Q . ,• Berty 42 snacks before he would go. home at·~{ght. Or if he stayed all night, it was the s·ail;le .thing. As I understand your .testimony;; after 1965 when he retired, did he· do that more frequently or not? Yes, he did more frequently. Now that wa:s at both 'Leo's place and Tom's place. Yes. If he Y'asn' t at our pl~ce, he ~as at theirs. And then he would, as a general rule·, ~e ;n,ade both the pla.ces 'tlie same day . ' . '.. ''I J '. . . ' •, r •· ' Now I would refer again to the illness .ofiJuly, 19o8,, where he v as • ~ ~ ( ' , ~ ·'" ,. I ~ , "" .. j. t lo ' ~ , { ~ r.oc•• Iii t I"_. •' ·.. ,. . •. for sorrie period of time, at Leo and Mary's place being tak:en care of, right? • ' _t .JI I" (I • • • • f ·' Yes; sir._ ~ ' ~ ~ ·;. 1 ' .. t ; Now· how 'many weeks was that;_ to your. best recolfection? . . ·I think it was about three weeks.' And per week, w'hat would you say the value of those nursing services would be, ba~ed on· your experience? ~ell, I ~ould say at least $40.00 for illness ~nd.nursing . . care and food and medicine and all combine·d. You'~ say about $40.00 a we~k. At' least. How about December of 1970 when he was ill that time? Well, I would figure that would run more because the cost of food has'risen and has been rising and spiraling upwards. How many weeks was he taken care 9f that time? • . ' ~ z < > .J >-Ill z z Ill 0. i 0 1-Cl ~ I: Ill < . ~ '"" ~ a: I-ll) 0 .J < ~ A Q A Q A Q A 0 ' :::> ., ~··A. .... N ui a: Ill 1-D: 0 0. Ill D: 1-D: :::> 0 u ..1 < u ii: IL 0 ' Q Berty 43 Three weeks. By . .whom? ' . By Mary Downey. ' And Leo? . ' Yes. ·And what was t_he value per. week of those services and food? .. I would ·say at least•$60. 00 a week. THE COURT: Excuse ine, please. How many weeks was he sick·in' '68 where he needed nursing'care ~ I donrt think it's ever been . established. ·You said three weeks in '70. How many weeks in '68? It was two or three weeks. I can1t,.quite remember the exact time. But I know that he was at Leo1s and M~ry 1s then also, . because I was doing practica:J_ nursing and as I said, my da.ughter was a Bell Telephone oper.ator. · You may eros_? examine. ,: . .I ' . . / ,• ', '.;. • ~ z < > '. .J ',, ' > • ; I Ill z z Ill ll. i 0 1-C) Z· I: Ill < ·~ ..: u a: 1-Ill 1-0 .J < u 0 :J .., J: f-" N ui 0: Ill 1-0: 0 a. Ill a: 1-0: :J 0 u .J .~ u ii: II. 0 .. CROSS EXAMINATION BY MR. RIDALL: ., .Q A Q A Q A Q Mrs. Berty, I want to review your testimony in great detail· with you, and I am going to ask you; when I ask you questions, . . ' to refer your answers to certain time periods. And I will try to phrase.my questciunSJ" in that way. Counsel for the claimapts, '' in asking his questions of you.,:.in most cases· said during a ~ert ~ir: ' / .~ ~ ' • ~ fl''" f ·... .. period and then asked you a·questiSn'with regarq.thereto. I . • ~ • k.. ~ J '-~, lj ' 1 ~ I / will do the same thing in my questiop:ing a~d .when I do, I want you to phrase your answers in ~ccordance~ with th~ ~eri,od Vl(.hidc •, r ' '~~ • I 4 j ~ •.ii / t; ~ ~ ' I•' " . . we are making refere.nce to. You said, Mr?. ~E;rtt' .I thi~~ , ; ) ' . i that you were a practical nurse. Yes. ., I wasn1t sure during what period you were actively engaged in j .• •• practical nursing. I started to do some practical nursing in 1946; 145 and 146 it. was. How long did you engage in that ;profess ion continuously? ... . . ... ,· . Well, first I started working over at Montefiore Hospital, and then I started doing some practical nU:rsing. It was in 147, late 147 when I started out doing practical nursing. And then . after I left Montefiore Hospital, I, started.'to go on ?orne cases,' you know' people who· would go home from the hospital but who 3till: . ' needed nursing 'care. -And I did that up' until about 12 years ago, up until about 12 years ago. Which wo~ld be---my mathematics were' never very good---ab ut '. .. ~ t .... . ~ ~ . Q A Q A Q A. Q A Q ---~---------------~--------------~--------------~------ Berty 45 1960 or 161. In t~at neig~borhood. rrn tell'you exactly when it-was---{;xcuse l ')"" in e---it was in 1960, because I quit, I had to get someone else . to relieve me because another sister of mine became quite ill and' passed away. And .I went to take care of.her. And tha_t was in 1960. And then my son-in-law had his bus.iq.ess and they thought · that they could use me at home answering the phone and soforth. ' Then your testimony is between 1946 and 1960 you were-continu >usly engaged ·in the profession of a. practical nurse. Yes:, sir. How many days a week would you ~ork? Three days a week on·a case usually, and another nurse would I relieve me for three days, back and forth like that, because some of the cases were pretty rough. Soyou were more or less on three and off three, is that right? , Yes, sir. . During the period which you were on three, would the patients require your attention. during the night 'hours, ever? Sometimes. But sometimes they would have m·aybe some of .their own family to look after them .during.the night._ And . ., on those occasions, I would be home:.rwould go on an eight-ho,.1r aday shift. ' '' . I I ' ~ I ~ ,. . ... c : f .... '• ' '~' ' ' .. Does a practical nurse work more hours tha_n··a registered nurse,·, an R. N.? ... . . . ,. f· r' ---------- Bertv A , Oh~ yes·. 9onie practical nurses can goon a case ~nd stay and Q ·A Q ::!: -z < :i ~ A z Z· Ill 0. Q z 0 ~ ';\· :X: Ul < ~ t-= u II: ... Ill 0 .J < u 0 ::l .., :1: I-t- N Q 'rti 0:: Ill 1-0:: 0 a.. llJ o:: A 1-0:: ::l 0 u .J < u ii: Q II. . 0 A jus~ be in-pa'tients. Did you have any of those cases during this period? A few. ~ \ ·,, I .. i This would require your presence~'in ~it-her the liospi\al 'or the'~ ., ~ ".~,, ~ : _,.t ;~ • I e household of the patients, what, 24 hours a day?.· t<.> ~\ "-t' .... .~ f Sometimes. .'1 ' ,·· ·.! .. '• ~·· ; ' How frequently would this happen, Mrs. Berty? i ~ , ' ~ \'. ,. :t '.rr. ; 4 -~c : Not too often, because as a general rule, some people would, you. know, some of the faJ?ilies, they wanted the nursing care, you know, 'just for the day period w'hen they would be at work and they w·ould have;--I :vould say I had ab~ut four ·or five cases of that nature . During this period in 194f:i to 1960, would you wor:k dayturn or nighttu~n or both? There was only a few times when.l stayed ail night at the patien 's . home to look-after them.. For the ,most part, why, it was daycc re. . -, .. ' . . . This would require your absence from your own residence duri 1g those h~:>Urs, of course. As a ge_neral rule, sometimes in the afternoon I would go. Q But what I am saying, Mrs. Berty, all your activities took place out of---all y·our professional activities took place out of your own per s anal res idenc; e. ... A Y. es-. • ' ' e ' • •. ' .. Q A Q ~A z <( ~ ~Q z Ill D. z 0 1-~A X Ul <( 3:Q ..: ~A Iii 0 ~Q u 0 :l .,, :t' 1-r- N A ui 0:: Ill Q 1-0:: 0 D. Ill a:: 1-0:: :l 0 u .J < u iL 1.1. 0 ·A ~----~---~~-----------~-------.--------- Berty 47 And requi:r:ed your absence frorri your residence. . . Yes~. sir. Would it be fair to state during th~s period in 1946 to 1960 that you were require9 to be away fro:rp. your residence,.three or· four days a week at least eight hours? .. Three days a ·week, eight hours. Well, if _you were· on three and off three, you might work the seventh day. Isn't that correct? ' ,. Well, that probably would be correct. You would work four calendar days out of the calendar week. Yes. I believe you testified that at some point your·daughter and son- ·' 1 in-law went to California. Isn1t that correct:? ' Yes. Would you tell me once again when that_was and for what length of time they were il). California? THE COURT: Excuse me, please. Th ~re were two of them that ,went. One lived in California and one visited in California. " l " • • 1 • } Yes. Leo and Mary lived in California. -I believe.tit·~as in'1944 ·! . when they went to Califor:nia. And my daughte:( ari<her·hu~band went to California. They ~ent out with. the i'n~el}tion p~ob~bly.of --·--------------~-,r------------~g~e_t_tl_·n~g~a~p_la_c ___ e_a_n_d ___ l_iv_l_·n~.g~o~u_t_t_h_.e_r_e_. __ B~u_t ___ I_b_e_'c_a_rn~e-·_i_ll ___ a_n_d_·w~·~a_s~~-·------1 I ... i, I ',_. • , e i .. ~ . Q A :!: z o( > ..r >-·Ill z z A Ill D. i 0 1- C) ·Z i U) o( 3: ..: u a: 1-U) o.Q ..r < u· A 0 ::J" ., :t 1-I' N IIi a: Ill 1-a: 0 D. l1J a: 1-a: A ::J 0 u ..r :!: Q u ii: Ll. 0 .A Q A Q A Bertv . 48 taken to the hospital. I was not expeCted to five. And 'they came • back. ' ' 1 . -.... ' t ' I want. to know when they went to:California and',when they retur ed. .. , .. . ,. ,• } ~.~.i 1 1 i . ' ~ • ~ ~ -t •' That was in 1948. . ' THE COURT: When did \they go and w r en. ' 1, • ;j,jC, • ' f -~ (' , . I r' ~ " • J . • t ... ,. ' ~ ~ ~ ' ~ did t.h~y come back? • _(~·-*' -~ ':"~~ They went in the fall, I believe it w'as, the fall of 148 . .An'd. tne;wcame back, it wa~·~n Mar.ch of 19.49 that I became ill. And they sent word for them to come home·. ~nd it was a very very !lad, ' . rough trip. They were driving . So they would have been in California roughly six or seven m,onths. A ppr oxima te ly. .. ' THE COURT: Just for my benefit, when did the ;brother Leo go ~ut there and come back? Leo went in 1944. They came back in i958. . Now you testified that the decedent, Jylr. Hohmann, worked ' for Westinghouse Electric Corpor.ation,. Is that cori-ect? Yes. 'I think you testified that he was a truck driver. Yes, sir. I think you testified that he .retired about 1965. · Yes, as near as I _can figure. ., ,. ' t, • Q ·A Q A ~ Q z < ?:i )o Ul z z ~ A i 0 .... C) z X Ul < ::: ...: u a: .... Ul i5 _J < ~ g A .., :t ... " N ui a: 1&1 .... a: 0 0.. ~ A .... a: :l 0 u .J < u ii: II. 0 Q A Q Berty How many years did he work for him? That I really don't know~ because he had worked at Westinghow: e before I knew him. When didyou first meet him? 1947. And to your knowledge, he worked for Westinghouse prior to that J . time. Well, as far .as 1 know. THE COURT: Just for the record, so we can understand, ·did he retire at the age of o5 in 19o5? Well, he r.etLred at the age ·of o5 . ·. '· THE COURT: " ·In the year -li.9o5. ' . Well now., that I just can1t quite---he died in 1971. I presum1 . it was about that time, because he was around 71, I believe it was, when he retire~. So it must have been a~ound 19o5. Was Uncle Andy's death sudct'eh? "f, • ,... Yes., it was. ., . What was the cause of death? I , .r "" ..: t ,• A . Well, as I say, he had been over to our house the day after his y -~ t t ~ I . -J. ' ' ~ t birthday, and his. birthday was on the 13th'day of June. And 49 . ' '' Q • A :!: z < > ..J . )o Ul z z Ill II..Q z 0 1-~A I :t Ul < 3: ...: u ii:Q 1-Ul ' ' e 0 ..JA :!: u 0 :::> ., :t 1-,... ,(II ui a: Ill 1-a: .. 0 II. Ill . ~Q a: :::> 8A . ' ..J . , < u ~Q 0 e c, A Q A ~~----------------.------~ Berty we had had that little celebration, I had bakea~a birthday cake · .. ~ 0 T '"r • for him . And he d idn 1 t com e on his birthday . I don't think your answer is really responsive tomy question. Do you know the ca£1s e of death? · I don't know the actual cause. App'arently, it was ·a heart attack. He had been over to the hospital and they had taken a cardiogram and they told him his heart was all right. so To your know ledge, had he had any history of _any heart 'problems? No~ not to the best of m;y knowledge. He was a st:r·ong, healthy man . Did he look pretty healthy to you right up to the time he died? Up to the time he died he looked pretty ·good~ except that he thought that night when he was at our house when he said he was not feeling well, he looked a little bit drawn and haggard. Of course, he had been mow.ing some grass.· · What plant of Westinghouse did he work from or w ?r k out of? East Pittsburgh. .. • • ;f 4 f > ' . .. •T How familiar are you, Mrs. Berty, with the Hohmann fam~ly? ' . ,, •' Let me askyou some specific quest'ions. I think yol? testified " ~·-...... that the decedent was a bac.helor. f j ~ ~· Yes, sir. '' ,i· Was he one of ten or eleven children, do you know? There wer-e more than that. I think there were 22 children in hiE ' family. It was a large family. • I I I . . . ~ . • ~ .r .~ 1 • ~ Q A Q A Q ~ ~ A ?i > Ill z z Ill a. i 0 I-C) z J: Q Ill < ~ ..: u 0: lii A c .J ~ Q 0 :l .., J: ' .. ,.. N ui 0: Ill 1-0: 0 a. Ill 0: .I-0: :l 0 u .J < u ii: II. 0 A Q A Q A Q A Q . . . Berty t ' • ~· i ~ ' " , . ; .,, I '·' ~ . I • • ,· 'i ~., t~~~'"' . .._;·1"·".1' ··;· .. .. ' . . .,!-· ,. ' Do you know how many brothers and sisters survived him? • ' ~ +~~ He had two sisters survive h~~ •. .. .. . ' . A_nd do you know their names, the.ir first names? • ~ ! . ~ ~ Jo.,. ·' Ma~ ar:d Ida. ·' , i • •) ,.,.. .. ' ~ ' ~ • ,1-~ t ' ~.· ": . J, ' '· I' r: .. ' 1 • Dei you know how many nephews and nieces he was survived by: Mrs. Belejchak was a: sister of ,Tom 1s and Leo Downey. She • •' I' ~) had four children. And'· then· L~o and Mazzi, they have four chi dren~. ; Tom and Marilyn adopted two child_ren. So at least as. f~r as you know, there were at least eight nephews and nieces of the decedent who sur.vive'd him . • ·t' ,Yes, sir. < Do you· know how many grandnephews and grandnieces survivec h .. ' ? 1m. .Letts see--- ' . . . Would it surprise you if I told you there may be as many as 15 . ' grandnieces and grandnephews that survived the decedent? I don 1t know, I w ouldn1t Jknow. In any e.vent, he obviously was from a large and fruitful family as Very much so/far· as I kno~. ~ost of. th~m I believe lived. i~ the general .Pittsburgh,area, isr 't that correct? Yes, to the best of my knowl~dge. Now let us direct our attention, Mrs.· Berty, to the time. perio< •• >f, "'t '· j I ' ~'I' • ., ' / A Q ~ A o( > .J ~ Q z z 1&1 D. i. 0 1-Cl z I: Ill < ~ ...: u 0:: t-Ill c .J A < -u c ~ Q :t ,.. ,.. N A ui 0:: ~ Q 0 D. 1&1 o:: A t-o: :I 0 u .J < u ii: Q Ll. 0 A Q Berty 52' in 1947 to 1958. I believe you t~stified' that during that per:iod ' that you1 except for: a pf?riod in which your daughter ~nd son-in law were in .Flor~da, that you resided with them • . , In California . Well:, no, you didn't reside·with them in California. No. I thought you saicl~ Florid~. Excuse me. Strike .the question and let me restate it," please. During the period in 1947 tc:i 1948, I believe you testified that ytm resided-with your daughter and your son-in-law with 'the ex-cept' on of the period in which they were in California, which you testified was approximately asix-months period: Correct. You were gainfully employed during this period: Yes~ sir. ir~' , . ~ ,~ Did you contribute to the h,ou~ehold expens.es ?: I , ~ • ' ;f ' J. ... ,. ' t ·~'* : -.: . , ~ ;r • ,' ~· ~ Naturally, I helped .. I paid in for my own·,board arid Keep'• ...,. ,• t •• ' . I actually took in food that I rieeded becaus~ I was .<;m a diet. 7 • I I I , • I don't think I understand. You say you took in.foci·d:··Are y6·u: • ' • j: I f'~""' .· a. PI-:,, telling me that you purchased yours elf the food, ~hat you 1you'rs e ;: would eat?' . ' . Yes·. And ,then I would pay them money besiqes for my room an~ board. Once again, we are talking about 1947 to 1958. Did you pay th m __ _;,_ ___ -tt------------:----__:_~____,:_.,---_..:_____,_ ___ __J. _ _.._ I I I.. . : • : ... A. • Q " ~ A z o( > .J )o Q Ul z z .Ill D. i 0 1-I!) ~ :I Ul o( ~ .A ...: u a: Q 1-Ul 0· .J A . o( u a :::> .., .:t ... ,... (II• .. . IIi a: Ill 1-a: 0 D. Ill a: 1-a: :::> 0 0 Q .J < 0 ii: .A II. 0 Q . A Q ~l t' .,..\ !;_I . •• '. 1 i; c. ··"' ·~ ~ ' ' ~ J '. Bertv ·for r_oom. and board on a regular periodic basis? '. Not for times when Iwasn1t there. . . . • ·,. f ~[ ~ J • t I I paidthe~fot·whatever1 time I was there. If it .was three days, ~our dews, I paid them . . like a daily rate . What did you pay them? Oh, three or four,dollars. It would depend on what I had, ada~. Now during that period, Mr. Hohmann, the decedent, was, as . . you testifie.d,·· employed on a full-tim~ basis at Westinghouse Electric Corporation. C,orrect? Correct: What turn did he work? As a general ~ule, the most time .qe would gq out early in the morning, I know.:he _would g~nerally,say when he had to go out o those d§tys,,he had to get out a?out 4:00 o'clock in the morning . No~ there were times, very few time~ when he would go at nigU. I wouldn't sayt how many times, I wouldn't know,. really .. , Do. you know how many days a week he worked? He wo~ked for the most part, ·I think it was steady six days. Back in those days people worked s·ix days a week, didn1t they, Mrs. Berty? Yes. Now ke~ping in mind once· again we are talking about the perioci ,. . ' 1947 to ~958, you testified, and I !).ave written this down, this ' . 53 ui a: Ill A 1-a: 0 Q. Ill a: 1-0: :I 0 Q I) ..J < u A ii: II. 0 e Q A •• l .Berty is a quote as far as I can tellj 'that you testi~ied that anytl.me. I was home, Mr. Hohmann was there. Correct. I want you to elaborate on that. if you would. I want to know the f\equency of the vi'sits. Well. in fact, I mean except for those few times whenever I would be on a case, ~aybe.for,24 hours. wh.en they spec,ifically .. would ask me, .I would stay with them.maybe for 24 hours? . . . ~ ·But any other time when I wo~ked eight hours, I would be home 54 and Anthony Hohmann wouldeithe::. come or woul~ be already th'"re. Isn1t it t:r;ue, Mrs. Berty, that it was the decedent's practice tc visit not only the Downey home, your residence during these .. ~.,. ~, t years in question, but to regu~arly ~isit the homes of .. other t ' ' relatives? I don 1t know how often he visited other relatives, except for Mazzie and Jiggs. >1, I / • ( • . .:~ r ,. ' How do you know how often he visited their?-?· .' . ( He would always mention that he had been there. Your testimony is that on ev.ery occasion that he came to your residence he stated that he had been 'at the other Downey residence on every occasion: Practically .. ever:ytime that he did. Hew ould just say, "I came from Leo1s and Mazzie's," if he had beeri there first. Sometirr es '· 'he would co'me to our place firsL Berty 55 MR. TERPUTAC: · Mr. Ridall, I thought you were talking abo~t the pe.riod before 1958. MR. RIDALL: Pm talking about the period 1947 to 1958. MR. TERPUTAC: I don't think the witness ,. . understands you. Your Honor, I would like to---- THE COURT:. lt1~ been brought to the Court's' attention, I think that you testified that Leo •. was in California :during this period of time. Now ' . ' . ~ . ( ... ' / f J' 1' I •. • .l.f J 1 < .. • ,. • ~ • ' ~ ~ , ~ • the inference is did ·he "go• tO~'California and tnen comE back and vis it? :1. ' . I ._,. A No •• This was after. You were still on---- Q .;. 1' 4 I I ' • , ,. I , , .. ,, . ' . l Pm going to deal with ~947 to· 1958 for some time, Mrs. Berty. But the point is, duringthis period in ·1947 to 1958, Mr. Hohma n never visited the other Downey. residence beca~se tqey weren't here. A That's correct. Now he often would stop out at his niece's, ·' THE·COURT: .. Who is Dolly, ·Ma'am? A Dolly Belejchak, Mr. and Mrs. Belejchak. But 'I don1t khow h w ---------;-_,;--------;--:---------.---- ' l • ~ often that was. or when it was. I know once'in a·while he did . . . Would you know that because he told you that he· had visited the In?. Yes, he 1d tell us. ,. Did he ever t~ll_you _that he visited othepi-'family members during this period? No, he wouldn't say anything. I mean-,--- Did he ever tell you that he visited either of his sisters? You . have answered the question, but I am going to ask it. Did he ev ~r tellyou he visited either of his sisters who were living at this •. .~ time? Hew ould visit his sisters. He would~ mention his sister Ida and sister Ma~. Would he say he visited them? Yes. Would he tell you what frequency he visited them? No. He woufdn1t say _how often or. when. He would just say, maybe one day he,would say ---well, maybe it was the day bef( re he had been there or maybe that he was going to go. He did br'lng his sister Mae to our house on :SJDm'erville Driye once, I beliclv~· it was •. I don1t'know, when-it was,,.but one time he did. ' ' ' I .. Once again, so there is no misunderstanding, Mrs. Ber:ty, because it is not. my 'intenti~m to try to confuse you or trick you; we are all interested in getting to tlie t,ruth of the mafter; . ' I ' ' • t .1 ,, ' I ' •, --' ' ~ . I . •I ~. ~ .. ' I ' ' .. ,. ,, i I I -'· ~- •• e ~·· z < > .J )o Ill z z 1&1 0.. i 0 I-C) z I: Ill .. , ; Q ..: u ·A a: 1-•II). c Q .J < u 0 :::J .., :t 1-"' A N ui a: 1&1 1-II: 0 0.. 1&1 a: 1-II: :::J 0 u .J < u j;: II. 0 A Berty·, once again3 directing your attention to the period 1947 to. 1958~ you testified3 if mw notes are correct, that the deceqent, Mr .• Hohmann~. was there almost everyday and stayed all day, Was that your testi.:mo.ny? Some days he stayed all. day. Now he purchased this little property out there at H:ickory ~ But hew ould come ·in the morning for his breakfast. Sometimes he stayed around until . ' he had his lunch, and then would go o.ut to the farm and spend a few 'hours. And then he woul9 co~e back and get supper with m. f ' Was he doing' this on an alrh~~.t 'daily bas is duri~ t'h:is ;per\od? 1... ~ ...... \ ' Almost daily. ! . How did he rec.oncile that with the fact he w~s .. h~~l:d~~gs d~w~: :! ' a full-time job, working eight hours during the daytime? , • t • . t • • j 1 • .. + " . : l 57 . The tl;ling is, ~hat when he ~id this, when he w.as working at nig t, and he would sleep at our place during the'. day, if he went out on.an evening--- ., THE COURT: Jim confused. You test'fied earlier he worked steady daylight. IDi.Uhe work steadlf daylight or was he on a swing shift? It was steady daylight. But w~at I mean, sometimes he would go out on an evening if theywould call him to take·a load someplace. THE COURT: If hew as working six d ys I .. A e ~ Q z < > A ..J )o Ul z z ~ ·Q i 0 1-C) z i Ul < s: ..: u a: 1-Ul • 0 A ..J• < ~ 0 ::J ., J:, 1-. ,.. N . ' ui a: Q Ill 1-a: 0 a. A Ill a: ~ .~ 1-0:: ::J Q 0 u ..J < A u ii: Ll. 0 Q Q A ·Berty 58 steady daylight, herd only have'?ne day he could comE down during th_e daytime hours. Isntt that right? . ' He would come to our house, even after he would come back frc m work. I'm: satisfied with.the ~nswer, Your Honor. But after he retired, then--- I understand,· but' we are not. talking abo~_t that period now, Mrs. Berty. You testified that during these years in question . you paid your daughter and your son-in.:..law a weekly·sum for your board. Was that done at their request ?rat your instance I> I wanted _to ·do it. I did it becau.se o_ccasio~ally his work was n~t ' too 'prolific and they ~ould be a little bit low. I mean because ; after all, all our money went for food. Did they ask you to make a payment, is what my question is. ... ' ' -. •' No, they did not ask me. You did it voluntarily. Yes. .. ' During the period 1947 to 1958, you testified that Mr. Hohmanr, . . the dece_dent, spent practically every holiday in your residence with your. da~ghter anc;l her son-i11-raw. Yes~ sir .. He arid his brother ~ls·o. Leo w ou~d normally be with. him? '·' j. ~t ' J ' '" \ "'· 4 • ! J f l . .~..~ :· • . His brother, Leo. Andy wo.uld come _in'll_is. car and Leo wou~d ·1 ( .!~ ' e ' . ' ' ' ' . '. ' I ' . . ' e -- . . Q A ~ z '<( > .J )o Ul z z Q 1&1 D. i 0 1-(!) ~ :I Ul <( :s: A t-= u a: Q 1-Ul 0 .J· <' u c· :J .., A J: 1-,... C\1 uiQ a: 1&1 I-ll: 0 D. 1&1 a: I-ll: :J 0 u .J A < u ii: ~ Q A Q A Q . ' ~ ·n follow up in his car. .... . Was it his practice to spend the full holiday withyou or just dro p in t~ say hello? Oh~ no~ no. They were there for the meals all day. And then when we were ready to go hom~ in the evening or at night, then ·I dorrt know where they. went after that. What you are saying is that wli€m you say he was there practica ly 1 ' • J. , ... ~ ' every holiday, you are saying, in eff~~,t,<he was tl;lere 1at.l~ast e • 1 _ • , ... I,.. ,f to take the holiday meal. . .. . ' ' . l Yes1 sir. ... I . Do you know whether he ever ,spent ~ny h_olid,ay m ~a~s wit~. the . -1; I J ;;t other ·members of his family during this period? " ' ~ .. I -don't. kn'ow; if he did· it was after they lefLour house . Now during the period in 1947 to 1958, isn't it a fact that the deceden~, Mr. Hohmann, resided with his brother Leo in an apartment in the East Lil:;>er.ty section of Pittsburgh? Yes. sir. Is n1t it a fact that he continued to live with Leo in this apar.tmer t up until the time of Leo's death in 1970? Yes, sir. Leo was a bachelor too, wasn't he? Yes~ sir. Were the brothers pretty ·_close, do you know;· Leo-and Anthony~ e ' ' ' • e. '· . .. . ( I f • "; ' .. Q ~ z < > .J )o Ill A z z 111 D. i 0 1-C> ~ :z: Ill < ~ Q f.: u a: 1-Ill 0 .J A ~ ~ 0 ·~ ·Q J:. 1-,.. Ill ui a: A ~ Q 0 D. 111 a: 1-a: :l 8 A. .J < u ii: LL 0 Q A Q A Berty oo ·. Oh1 yes, they w'ere. W~· iiked both of them. They ·were very fo ~d , of both the unc)es. Now keeping in mind we are ~gain{alking about the period 1947 to 158, do you know whether, during this period., the 'decedent, Mr. Hoh~ann, spent most of his _nights at his own apartment? Most of the time he 0id: On-occasions he would stay at our' place, on those occasions when Leo would go home and not find Andy home or Mr. Hohmann home, he would call up. -During this period we are talking about, how often do.Y.ou suppose he stayed overnight? Several, but I don't know. You mean two' times? '·· I · Oh,more 'than two times. That's the question, if youcan answer. If you can't answer, ·just simply say, "I don't know," Mrs. Berty. I don't know how many times, really. I ~ean I never kept track of it. Would it have been possibly fewer than ten times during this pe"iod of years? . More than ten times,· over a, ~'ehod of 24 years. I r:ne~n I say' t f! ~f···· r~·, _,f ·~~ • ,I 4~ p .a .. ~ :~ _, ~ ~ . • -.f t .. :·, I ~ , was more than ten times over"a period of 24 years.· ' . . ' ·• We are talking ·about an eleven year: period, •1,947 to ·-)958. I ( ~ . ..,., All right. . i . ( i ' ;, .. / f-•/ •· ' . ' : > ' ' ~ ' + ' I A Q • A. • *. l '· '. ~ z < > .J >-Ill z z 1&1 A D. ; i 0 1-CJ z :t Ill < 3:: ..: 0 lr 1-Ill c .J ~ .~ c A :l ., J: ... ,.. N IIi lr" 1&1 1-lr 0 D. 1&1 lr 1-lr ,::J 0 A 0 .J < 0 Q' ii: "" 0 A Q A ----~----------------------~ Berty ' Does that change your testimony?' No, because it still was more than that. Ilm sorry, more than what? •' •. It still was more than ten times • THE COURT: What wa~ more than • II' • J / .... • ten times? That he stayed at our house overnight. THE COURT: . .; •· ., .. .. ··! . ,• ' . • . I '· ' .. I ~. J ,' i. f ' ' •; ' ' . f ' ' ~ ~ . • In oth~r w.or.ds, 1 ~o._uare t . if ' ~ 1' 1. ' j ;: saying that he stayed at least once a year or somethir g like that. ,· .. '. . ,, . ~ '•. No. Sometimes several ti:rre s during the year. . THECCOUR:T: about a couple times· a year he would stay. Yes .. Do you know during this period :whether he stayed overnight with other relatives occasionally? ' With Leo and Mazzie Downey, he did, because on periods when he had his illness--- Once again, we are talking about the period rq 7 to 158, and thos ~ set of Downeys were in California at. ~his time. Oh, yes.' Excuse me again. Now that I don1t know. I wouldn1t . ' ol ·I / I ' o2 . have any·way of H:now ing. Q We were talking about Leo and Anthonyrs apartment out in East Liberty" where they lived for rriamy years. Did that apartment contain a kitchen? • A .. YesJ it did. It was the kitcp_en and din~rigroom coTI?-bined, .. ~ z I. guess,- < > ' ~ Q Ill How. many bedrooms? z z "' A ll. ·It w.as like two rooms. I mean just a two-room apartment. i. 0 ' ... Cl z And then the baths, other people used the bathJ. the people on i: Ill < :s: th~ other side that lived in the apartment, they used .the bath. ..: u Q a: ... ' Ill ' On_ how ~any occasions were you yourself at their apartment? ' . 0 .A .J Never but t\~o times . < ·•, u 0 ·Q :::> What was the reason for your visits on those two occasions? ., '' . ;I: 1-" A N ' '. M:y daughter and my sbn-in-law went to see---just to see the:m ui a: "' ... a: because they were in that n~ighborhood and they took me along. • 0 a. "' a: ... . ' It was up such a big flight of st.eps th~t· I just didn't care to a: :::> o· u go, and things were not too sanitary. .J < .~ Q II.. During .the period in question~ if you: know, do you know whethe II.. 0 ' e.,. ' .. ·' .. Anthony and Leo made breakfa~t'at their apartment? I ' t ~ -i ' , •· I t, )' -· ~ t ,# • ~ ' • ' • • ' f II f 0 1'-- THE COURT: Tell hep what period of time; A • • ,. . t J t. :1 . The period in question is 1947 to-1.958, during this p'eriod:· if·.· you know. ! ' ·, well, Leo wou1a, 1 Know. DUL as_·ra:r a.;::; nuu.Y wa.;::; cvu'-'""l. u<;;u, ·; ··' • + .. ,1' .. ·, · . .,. . . ~· l ., ij' ~ z < > .J >-Ul z z Ill D. i 0 ... (!) !:: :t Ul < := ...: u a:: ... Ul c .J ~ u c ::> .., :t 1-"' N ui a:: Ill ... a:: 0 D. Ill a:: .... a:: ::J 0 u .J < u ii: II. 0 A A Q Q .l\' Q ' A Q A Berty 63 . ' he would take off in his car and go over to our place. He woulc be ringing ·the doorbell and wake us .up. ,I • . THE COURT:' . ,'·1 , Leo, you are talking ab~ut · . ~ .' , ' . ··" ... ' .. Leo Hohmann. ') \ Yes~ , II" j ' . '..I ·' I~ •l , ' THE C.OURT: A 'd'' 't' .. h d f •• s · lS mgu1s e ~rpm. Leo Dowr:tey. Yes • THE COURT:-There are two Leos ' in this case~ Leo Hohmann and Leo Downey. Leo Hohmann being the brother of the decedent and Leo Downey being the c la ima nt. i THE COURT: This time she is s peakiP,g of Leo Hohmann, not Leo Downey . ,, . Right. The brother of the decedent. .. Leo Hohmanp,he would cook rrieals occasionally for himself. How do you know that?. Hew ruld always tell us. Who is he? Leo. He would come and hew ould sit there for hours. f • ··-, ____ ___.._ ______ ;__;__ _________________________ _I_ __ _ • ~ z o( > .J >-Ill z z Ill 0. i 0 1- C) ~ I: Ill o( ~ ...: 0 0: 1-Ill 0 .J o( 0 0 :::> .., :t 1-r-N ui 0: Ill 1-0: 0 0. Ill 0: 1-0: ·:::> 0 0 .J '' o( 0 ii: 11. ~o Berty· THE COURT: . ·This Leo is Leo H chmann now. Leo Hdimann . . THE COURT: I think what you should do now, Ma'am; for the record, use both names, Leo Hohmant;~,, Leo ·Downey. See, you have so many people with the same nam·e here. A Very well. And he would tei'l us that he would cook and he would also tell us that he woUld cook things up, thinking that Andy would come and eat t?o. But he didn't. So ·Leo went out too, LED Hohmann. Q. . Okay, I am satisfied with that answer. Now during t.he period 1947 to 1958; you testified a~ to the frequency ., .... 64 to which.Anthony, Uncle Andy, took his meals in your residence. .I And of course, whatl mean· qfyour residence, I mean the . ~ ' . '• ' {f. • J I .i ~ .. " ' I . \. ..t ~ residence in which you resided with .your',dal_ighter and your: sb - in-law, of course. I ; A Yes. ,}" -· -,.. 1 .. ~ , ... ' ." I Q I got the impression, I rr:-ay b,e wrong, I got t~~ im·pr~s.~ion .. ; ~ . . ~ that during this entire eleven year period, that he ate every __ meal or'the day with you people. A Practically, he did. Q q !"" ~ • ' t ( ·I A • o( z Q . o( > ..1 )o A 1/) z z Ill 'II. i 0 .... CJ Z• :c 1/) o( ~ Q ...: u a: . .... 1/) ~ c ..1 :5 u c ::J ., :t ... I' N ui a: 1&1 .... a: 0 II. 1&1 a: A .... a: ::J 0 u Q ..1 o( 0 ii: A II. 0 Q A I o5 i', It is .your testimony that he ate practically every meal for _:a;n 1 1 ' .... 1 •• f f our house from'work, why, we would fix him a big meal again so he ' ; I '··,ot: .., c.ould eat. ,. That is one meal. { · .. Because everytim·e he came in the house, "What's cooking, Quee·n?" Or "What's cooking?" Now my daughter's pet name is Peanuts, a'nd he'd say, "What's cooking, Peanuts?" Once again, it's very important, Mrs. Berty, that we establish ', . the.frequency of that. I don't question for a minute that he had m~als with you. But I· don r t w.ant to beat a dead horse, but it ' ~ ' . ·is yo'ur testimony that during this LR year period from 1947 to 1958, that the decedent, Mr. Hohmann, took at least two p1eals a day in your residence. At least two meals a day . i Daily?. Daily. Se-ven days· a week? , Beven days a. week. Sometimes both. of them were there, both b~ and his brother, Leo .Hohmann .. THE COURT: Just for my informatio 1, you are trying to tell us then that the decedent would . . . ' _______ ..IJ__ _______________________ L _j • ,. I ' I· \ ' ' ll . ' . '' \ .'/·: A ::!: ~ A ~ )o Ill ~ Q 1&1 0.. i 0 t- C> z :z: Ill "'( ~ ,..: !::! a: ~ A 0 .J "'( u Q 0 :::> .., :t ... " N ui a: 1&1 t-a: 0 Q. 1&1 a: t-• a: :::> 0 u .J ~ u ii: II. 0 A Q A ' Berty eat four meals a day·. Four.? That didn't even cover it. ,, I Yes. THE COURT: ate five meals a day? You mean sometimes ht .I was going to get to that,' Your Honor ... She did testify to t.hat effect. I was eventually going to get to that with some surprise. THE COURT: .I just wanted to know. And snacks before h~·went to bed, sometimes twice. ·To your know ledge, during this period ·of 1947 to 1958, did not the decedent als_o frequ:ently take meals with other family members? ,, • ~ .);,~ t ji 66 •r< A .. 1'-, I don't kriow that he did. If he· did~ .he.n.ever told us.>He,1had alv ays ¥1' .. ~. I. './ 1 I. f. ~ ' I~ ~ ' .,.,o~ ? ' { , . .,.. "; , : .,(.. L. j • ... -~,. f , . . come. into, our house hungry~ .. like h'e was starved sometimes.' . ' ' Manyt.tinTes·when he came into the house, he pr,obably came .-. I, • ~ to1 in with a package of groceries under his arms: •dwnr.t he', Mrs: Berty? Never that I ever saw. I i !(' .. ' , \ Q . Is it your· testimony that duringthe period 1947 to 1958--,-strik~ ' ' that .. I will.make it the perio_d·l947 to the time of his death, , that he never brought any food into the Downey household? . '· . .. ' It .. A • '· • . ·. A Berty· I' ,. ~J,t I : ~ .:·; ~·( , ·i·~ 4 • ~, -~· ·,t ,••· l From the time, shortly befor'e lie dieCl~ it'was the sum"iner . i .. that he died, one evening;---and I was very sur1pr_i~;ed---he had . ' ' ' j .' • , ~~j ~ -'· t' : .. l . ' ~ been over to the K-Mart, and he brought _two·loave·s :of bread.· ' r· t • f 'li<'l' 1-·"' 1.' I mean it must have been. tw'o or :' 1 And it was very old bread. ,I !, three days old, because it .was not strictly fresh bread. And a he said, "I got this at a bargain." ) said, ."Why didn't you· brin more:?" And ~e says, "Well, you know---" just like that. So I left it go at that. You testified thatduringthis perio~ 1947 to 1958, that Anthony, Uncle Andy, never paid anything to. the Do~ney1 s. Correct.· How do you know that? To Tom and Marilyn, you mean'} Yes, your children. How do I know' that? They told me and I rever saw him ever offer them a penny. And he certainly, if he was going to pay anything, I think that he would have paid theni in my presence, so that I could see that he was paying them.· Why do you think, if he was going to pay them', he would pay them in your presence? I sort of think that he would have wanted me to knov.; if he was ~ oing . ~o pay the~. So I am· positive' he never d-id pay them anything. My daughter used. every penny of her ,money to buy food. I Plus my nephew was staying there, paying $25.00 a week. • !)' ~ ' t ' \ ~ z o( > .J >-Ul z z Ill II. i 0 1-· ~ ~ :r Ul o( ~ .J ~ u 0 :;) .., :t ... "' •·N ui a: Q A .A A Ill 1-a: 0 II. Ill a:· .... A a: :;) 0 -~'Q < u· II.. II.. 0· A Q A Q A 'RP.rtv £.!0 Do you kno~ if Uncle Andy was ever asked by your son-in-law to pay something? .. ·WellJ I don1t know whether he ever did or not. But I know that my son-in-law asked to borrow some ~oney one time or once or twice, probablff·• -· _·:.: , THE COURT: From whomJ Ma'am? ... From Anthony Hohmann. THE COURT: ·The decedent. Yes. So the· answer to my question is that you don't know . I do not know . . l , .. ,f. 1<-I .: ,-'"' ., t . I -~. .~ . ' -THE COl!~T:. i· .. 1 . 8p'y,ou.1kno~ whether A 1dy • ', } .. ! i> '.loaned him the money? No~ he didn1t; not to the best of my knowledge. l I • ~ .. ~ ,, ~ '• . . . l .. Isn't it a f~ct---we are talking abo.ut loans-.::-isn1t it a f~ct . "' • ~ f i. i .. ., ~ ... ·. ' .. t that at some point in time Uncle Andy lent your son..:in-law $800.00.? · No, he didn1t. To your knowledge, did he ever ·lend him any money? One time he loaned him $100.00. To your knowledge, was that loan repaid? I don 1t kn6w if that was before Tom arid my daughter got married r---~~~~~~----..-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~--~-~~----- • • • ' J . ' ;. c( ' z c( > ..1 >-Ul A ~ A 1&1 D. i 0 1-·Cl z X Ul c( ::: ..1 c( ui 0:: 1&1 1-0:: -~ Q IIJ 0:: 1-~ A 0 u ..I < u ii: II. 0. A Berty or. if it was after; anyhow, he had it written down on the I kit chen wall that Tom owes me $100.00. '' THE COURT: Which kitchen wall? Where ~hey lived ~ver. on Sh~dy Drive East. '. THE COURT: In the 9:partment. Not Shady.Drive East; on Shady Drive. THE COURT: You mean Un,cle Andy's apartment. Yes: And he never loaned hi~,aqy $800. Od . ! -,. if. . J' ... / I ·-, .I ' f ' .. . I ' .. !'I .. " l . . ~ ,_ '· <'f • • .. ' I To your. knowledge . Not to my knowledge. He bought a camper whi~h he wanted to go fishing. .. ' ,. i' I J l '< • ', . l . ' . • ,. • Who is he? '• >\ :1' .;f..t.~l ·~ ~ .. :"'! -t ~/.. t ( ·-, f ! I-·' ~ ~ ' .Uncle Aric;Iy. And he says, "Chief, " he says, "I'm going to give you this camper because, " h_e says. "I want to go fishing and . ~ I know you like to fish." And he says, "So that we can go and you can cook our meals." And he says---- THE COURT: Chief is 'Le~o} Downey. No. Chief is Toni Downey. That's my son-in-law. THE COURT: I think you ought to 69 ' I I ,. ~ •• ; . .f '· ' I ' ' "RPrh.i '. •, 70 use the rights names instead ,Qf the nicknames. We'r I getting mixed up here with all these nicknames. Q I agree. A 'All right. Tom Downey, and he gave him the camper. I don't • know how much the camper costs, but he gave him the camper. ::! z < ·' > ·.J THE COURT: Gave who the cam per ? >-Ul z z 11.1 II. A i Thomas Downey. 0 1- C) " z < ' X Ul < THE COURT: Uncle Andy gave Tom 3: ' ~ ...: 0 Downey the camper . 0:: 1-. Ul A 0 Yes; .J ::! u Q 0 When? :J ., :t A . 1-,.. N I don·tt remeii}ber the year; because Andy liked to go fis'hing, ' . ui 0:: 11.1· he wanted to go fishing,, and he says, "And Jill let you be the 1-0:: 0 II. 11.1 'cook because you're a· good cook and I like to eat." And that's 0:: 1-a: :J 0 what' Andy Hohmann said to Thomas Downey in my presence. 0 .J c( 0 ii: II. THE COURT: Do you want to take· a 0 rec·ess until about 1:15? R E C E S S • ' "• 1: ' 'l' I ·~ • l,. tl ' • • Berty The hearing resume·d at 1;15 .. P.M., this same date; .Janu~.rY: 9, 1974: ,-. •• ·· ·· ·• · ' ·• " ' •· ,• r, ' -... • · • •· ro .·• • ·· ,•• ·•• ~-"' · " r ~ •• "' ,., MARGUERITE BERTY RESUMES THE STAND. " , • " " • , '' '• •• J ~ -r ,• • • •• -r ,-.-, .1" .•• •· ,... ,-,-•· ~· CONTINUED CROSS EXAMINATION BY. MR. RIDALL: Q Just before we adjourned for lunch, Mrs. Berty, we were talki' g ~ z, <( > ..1 )o Ill z z Ill D. i 0 1-C) z ~.A <( ~ ..: Q !:: a: Iii A 0 u Q 0 ::J ., ~ A ,... N ui Q a: ' Ill 1-a: ~ A Ill a: 1-~ Q 0 u ..1 < u ii: 11. 0 A Q A ' about loans that Anthony Hohmann, the decedent, may have made to various ind:lviduals: Do you know if he ever made any loans to Leo Downey ? Yes1 he did. And' it was all. paid bacl~. ·, -l j "' t .'• • • J ' -Would yop tell us about the loans~ please?-· ~ ,. . ·' ""-' )"~ ,•_.-., • L 5 '! ,.. t . ' I dorHt know anything about what the occasion was. t . Do you k~ow the amounts of the "loans? ' . ' ~ . • Well, all I know is the $'800. 00 loan •. . ". You testified that it had .been.repaid. That has been repaid .. . . . ' '} ' I ' ' l •l ,_,- . . ' ' •. . Did.'the decedent ·ever tell you that?· Did 'Mr. Hohmann ever tell . you that it had been repaid? . Yes. He told you? ,. ' ~ ' He told me. THE COURT: That was a $100.00 la< . n . 71 A No. The $100; 00 loan he loaned it to my son-in-law, ·and he wr )te that up ori the kitchen wall. And my son-in-law paid him back I ' -.. . 'Rertv . 72 ' I the $100. 00, and he .says, "Now erase that off the kitchen walL I ·' Q Now what. about this -other loan? A That was not to my son-in-law. That was to my son-in:.law 1s brother, Leo Downey. And it was paid • • .. THE COURT: What about the $100.00 < z < > ..1 Wa~ it ever pa:id? >-Ill z z. 1&1 0. A i . t . Yes. My s.on-in-law paid that because I said he had that 0 1-C) z :t written down, Tom owes me $100.00 .. T~:i:n paid him bac_k the Ill < s: $100.00 and he said ):,''Erase that off the wall." I would like ..: to make a correction as to the numbe~ of days that Anthony Hormann u a: 1-Ill Ci ..1 ~ worked. It was five days. u Ma'am, let1s let your counsel do that through redirect examina ion~ 0 :J Q • ., :t ... ,.. N I think tliat is better than.YioU: volunteering information. Would ui a: 1&1 1-a: that be satisfactory, Your Honor? 0 0.. 1&1 a: 1-a: :J THE COURT: Yes. 0 u ..1 < u ii: Q II. I think it's proper that 'it be done that way. 0 THE COURT: I w ruld say so. Q So Anthony Hohmann, the decedent himself, told you that ·the loan had ·been repaid. A Yes, he did. .. ' : .. . • ' .' ' ' I . I ' •• ' . i ' ,. •·. ) . .. . • . ~ ·Q •-: A '•' . ' ., . ·~. 'Rertv . . There was, some discussion, Mrs. Berty, this morning in your testimony about -the decedentts purchase of.a farm or s orne lane • • a ' • ~ ' ' ' in Hickory, Pennsylvania. Did we ever determine when that was pur_chased,? I believe it was in the fifties; eady' fifties·,_.! think around abo'ut ~~ ·' 1952. Could it have beEm in-August of 1952? ' . . I • ' I, Well, I don't remember the.·month. 0 ~ I ~ -\, /1 /~ : f I • .. ,~ : And he owned that farm at th€/ ti~e' ~f' his.to.d~~th. . . ' .1 I ,' . ' ' ' Ye.s, he did. ) " ' -! ' j' 'I '1 ' And h~. lived in it for a'' short period pri~r to his.'death. r. ...., Yes. ! • ' ' What period would you 'say? Well, it was. after Leo Hohmann died'. An~ he probably f ' ... . ,, ' •, w.ould have stayed in the apartment, but they wanted to do some extensive remodeling,and so the landlord asked him to move. Do you have any idea how long h~ might have, actually lived on the farm, sleeping there at nights,? It wasn~t too lo?-g. I would say it was just a few weeks. . ' THE COURT: A few weeh.s before he · died? 7:i Yes. Well, a few weeks after he was_ evicted from the apartme t, · and I don't know when that was. .. • ~ z <( > ,.J )o Ill z z Ill Q, i 0 1-C) ~ X Ill <( ::: t-= u 1!: 1-Ill 0 ,.J ~ ~ 0 :::> .., :t >-,.. Ill ui 1!: Ill I-ll: A A A ~ A Ill It 1-• ~ Q 0 u .J o( u ii: u. o A Q A Q '' ' ' ' Bertv 74' J THE COURT: How many months or years did he live out in Hickory after he retir'ed? He didn't live out there, really; only just as I said, just a few weeks, nights that he stayed out there. We always worr~ed about him because' so many people---- THE COURT: ~hen did he first go out there? ' To stay at night, you m'ean? THE COURT: ·· Yes. That I donrt know. I just can't remember. It's just a short timE. :THE COURT: A short time before he :lied: Not too long before he died. I th~nk you_ testified that Tom, your son-in'"law, helped Uncle fix up the farm. Yes, he did. They all went out there and worked. I have a note in my notes with the quotation marked around it, presumably you said this, that Unc. had no one else to rely ·upon other than Tom and Leo. That's right. ' , • f ' . - You mean in regard to fixing,l.lp, tne far:pl. ;:_' I· ! i l .t . •( J ' I,. . . ~ • ~ •' l . A Q A ~ . ~ Q ~ > II) z z 1&1 D. g A I- C) z ,..: ~ 0 a: Iii A 0 .J < ~ 0 ::l .., :t 1-" N ui Q ffi .. 1-a: 0 \·' D. liJ a: ~ A ::l 0 0 ~ \.. u 11. 11. 0 Q A Berty 75 Isn't it a fact that, Mrs. Berty. that a number of other family members, male ·members of the family helped Unc. in fixing ur the far:r;n ? ,. I don't know. . , . ) • • '\ ,f ! ~ I ,.C ,. Isn't it a fact that Andrew .. Belejchak,•.husband of the'decedent's It lo • ~ ' ~ 1 ,I + "-j : • ,.., ., .,1 ~ I ' ' , ' . . . ' ' niece, Leona :t.'ffie>lejchak, worked in helping to Jix up the fapm? 1 don't know. ' .. t ' • i . ~ Isn't it a fact tha·t Joseph Raab worked in helping Uncle fix up tl:e . . ' ' I • ~ . . . farm? Joseph Raab, yes, he was with him on a number of occasions o t ' there. Because he, when UD:de Andy would stop at our house he would bring him too and he would eat at our place too. That wasn't my question;: Ma'am. My question was whether M:r. Raab helped Uncle in fixing up the farm. ·Yes, he helped him, but' he wasn't a member of the household, . was he, of the family? I thought he was just an in-law, relativ~ of some kind. I t~ink you are probably righ~. And I think I probably phrased my prior question correct~ and yqu probably answered it corre~tly. Wer.e thei·e any other persons,family or otherwise, who helped . I ' Uncle in fixing up the farm that you know of? ·Not to the best of my knowledge. • '' r -----..-------------;------:-----------~-------,--------------;;----- Q A :: A z < > .J >-1/) z z Ill D. i 0 ... C) ·z X 1/) ~ A ..: 0 II: ... Ul 0 .J ~ 0 0 :::l ., :t 1-" A N rti II: Q w ... II: 0 D. w II: ... 0:: :::l 0 u .J < 0 ii: 11. 0 A Q A '\, Berty . . ~. Other than Mr. Raab. . ·' . :,l'' Not to the best of my know ledge: THE COURT:· ' ( I can1t understand your answer. Did ·Mr. Raab help on the farm or not? ., He helped him like cutting grass or redding up a ~ittle bit. THE COURT: Did Mr. Belejc}?.ak ever help on the farm? I don't know anything a.bout Mr. Belejchak . THE: C.OURT: If he did, you don't kno' : anything about it. I don1t know anything abo'ut it. Mrs. Berty, I am ready to turn our attention from the period in 1947 to 1958, of which we have been speaking, to the period 1958 to 1971, up to the. time that l}ncle Andy diea, 1958 to. 1971. Now it was your testimony in the earlier period, '147 to 158. that the deced~nt too'k at.~east two meals avita_y at the Tom Downey hou.sehold during that period. Yes, sir. ; I . ., ~, ,~ . " ~ . ... '~ ,. . ... ~. . t . ,; It .. ".1 l•' Did that practice .continue into the-perioCl .;_,ith1which ~~ are' ' ' -' now looking, 1958 to 1971? .. · . ' ., . r • ' : ),. ' Yes~ sir, ar1d sometimes oftener. ' ' ( 7(:) i. ' : ' I ------~~-------c--------,-------,-----------,---------,---,------.,-----;----- ) . " • r j' .. ' ~ z < > .J )-Ill z z 1&1 D. i 0 1-Cl ~ X Ill < ~ ...: u a: 1-Ill • ·0 .J ~ ~ c :J ., :t 1-,... N ui a: 1&1 1-a: 0 D. 1&1 a: 1-a: :J 0 u . .J < u ii: II. 0 '' Q A A Q A Q A . 77 Did it contin~e thro ~gh~ut that. period? Yes, it did. I have a note somewhere that you sal.d sometimes he would take .~ . _three, four or five meals. What 9i9 you mee3:n~ three, four i t ~ 4-,. ., •• • .;. ~ ~ I'' • j.! . · ., ~-~ '· i .. , I • '• . ,.,-"'. \ , , ''\ " •. t I five? or _ ... ~" • • ~ .. ' He would come early _in the morning and he would. have breakfasl"· . ' • t . . ' t ,- Then-he would sitar rund for awhile and have lunch. ThEm he we uld I" f-\ ' I ; take a period. off and maybe go out to the far;m. Hew oold 'come; 4 lo t, i ~ ' ., . •· back and have dinner. 'wen; very' freguei).tly, my son-in-law would be late coming home from his washer and dryer repair serv,ice; and he would ha~e another dinner with him. Then he would have one or two ~;nacks ~efore he would go home. He was always eating. . ' So your testimony as to three,. four or five meals at the Tom Downey residence refers to· three, four or. five meals per day. Yes, sir. Did he eat as frequently during this period at Leo Downeyrs house? . I presume he did: I know he did when I was there. He was alwaiYs .around the table. Q · I donrt want to confuse you_. Leo, of course, is the br,other and the other claimant. You just testifie'd that the decedent, ( ' during the period 1958 to ; 1 71, ate at least two meals a day in . ' ' the TomDowney 'residence and maybe some times three, four o . Berty 78 ... .. five. My question to is did he eat as frequently at the 'Leo I .. I Downey residence? I . A I said yes. Q On a daily bas is? • A No. I mean as far as thatls c~ncerned, I meant if he stopped at ~ z Leo1s and was there, maybe he would eat a coli ple of meals < > .J > Ill there, come up to our 'place and stop before he would go out to z ' z the farm, then he would come back and maybe e.at something :in pre 1&1 II. i 0 1- C) ~ at our place. And if he was going ~orne early, he would stop I: Ul < ~ down at Leo1s. ,.: ' u a: Q 1- Well, is it your testimony that during this period 158 to 171 (I)' e 0 .J < u that the decedent regularly ate me~ls at Leo1s residence? 0• ::J A ., I don't know .. :t 1-,._ N Q ' You dontt know the frequency which he may have eaten at ai a: ILl 1-a: Leo Dow ney1s residence? 0 II. ILl a: A I 1- I a: ::J I presume he ate as often there as he did at our place. 0 u .Q .J Do you kn?w during this period 1958 to 171 whethe_r he also < ate meals with other members of the f.amily, other than Tomar d u ii: 11. 0 Leo? . . ) :1. f' A-, "':i'"j!o A He may have. I know that ne'\vould go u~ to my·;i~ce 1 s.house _ci 8 I r l' . ' "' , ~ " I '· '' 1 ' ~ ' ' " • i, j t . 1,' . '· .. ' eat .. He would go to my sister1s; who is now deceased, another to:· sister who died in 1960. And he would clean out ner/refrigeratcr. ,' l ' . . He went out to a friend of mine who lived out in Hickory, . ' ! . ' ' ' neighborhood, it was up in the Hickory neighborhood anyhow th t -----------~ ~-~ ~ ~ -~ ~ Berty 79 she lived, and ,one day she was not home and she didn't have •I ,f • t ' ' , •• , I I ''J ' f I ( • ' '#, ~ 1 0 (' • ~ t + .. ~ ~ I anything 'muCh either. She only-. had welfare, lived on welfare, .... .. ~ ,. .. ' f ~~ .and she ,had three childreri·:a/ke~p;'f~~~ ... she·,o~~i).M.-~:'a P.?t of.'. >r. " f ~-.,.. ~· ~ ~ • ~ . !, •; r 4. . '' beans in the refrigerator and he wenf~n.the ~ous~, the house ., . •• f where ~he had left th~ ·door unlocked for the ~h'il~~en, and h~ ~· • • ' i' • ~ 1! • ' '·/' t ..r J .1 f ~ cleaned out the beans. She didn't have any food in the liou's e at z < > .J )o ' all. Now that's a fact .. That's a God's fact' . Ill z z 1&1 D. Q i I '.r I 'I He obviously.0ad a fabulous· appetite. 0 1-l? A z He did. i: Ill < Q 3: Was he a gregarious .kind of person? Did he like to be with ..: u . a: people? 1-Ill • 0 A .J ~ u Yes, he liked to be with people. He liked.to be with people, 0 :::> .., .but he just wanted to eat. If we had candy, whatever it was, a ' J: 1-' .... N dish of candy, fruit or .whatever it was, ·he would pick whatever .... IIi II: 1&1 1-· it was and start eating. II: 0 D. 1&1 Q II: 1- I I - . . Now there was s orne discus's ion this ·morning, some testimony II: :::> 0 u by you of laundry being done for the dec'edent. Here again, .J < u ii: I am going to have to break this dow ri into two periods~ becausE II. 0 . that's the way you requested it. During the period 1947 to 1958, with what frequency was the qecederi~rs laundry done in your :resmdence, in your household, keeping in mind these are th.e earlier years now. A ·.Not too often. But occasionally, as I say, so met irnes he would bring over hi~i underwear or a shirt. Now his brother, Leo·. ------~~~-t----------------~------------~----~--------~-----------L-----1 ----~~"'--------------------~--------------------------~------------~--~--~--- . '· Berty 80 . ' '· -/ ' n ! ' ; # .. as I said~ .,he ', .r I • ... ' ; ' . II Y' ' ' ~ had· these washi~g :rp~q.h~~·es; ~' .. th~.se ~~.ash~:r;s1 th~t , .J \ 'L,~r ·~~ > .) ~~-. ..,, _! ·~ ' : / ~·!J:.,r-. Tom gave him. And he would do like the st:.eets .and pillow cases. Who would do it? i • ~\ "· ~ / "' '} ~ I ' ,. ' .. Or handkerchiefs, things like that. ··Leo himself would do it.· .. ,. Uncle Andy never did. '. Leo who? •' The br'other of the decedent. :Yes. , ;. .. . . ' So during the period 1947 .to 1958, would it be fair to characterize the frequency.withwhich the laundry was done at your residence, . your son..:in-law 1s residence as vety Occasional? ,. No. I wouldn't say it was very occasional. ' . But I would say . i maybe once a month. I mean because he would load up a little bag and. bring over. That's fine. That's the answer to my question. Who would do it b My daughter. Did the decedent ever do it himself during this period, these earlier years ? . he ' A No. tiT/would have wanted to do the laundry himself, hew ould have used their own machine on Shady Avenue. · .·· Q Let 1s move on, we 1re still ta.lking about laundry·, we are now addressing the period 1958 to 1971; as I understand your testimony .. . . '.' ~ z < > .J A ~ Q z z 1&1 a. A z 0 1-(!) z :I: Ill < := Q t-= u 0:: I-III 0 ..1 < u 0 ; A :t 1-" N Q ui 0:: 1&1 ~ A 0 Q. 1&1 0:: 1-• 0:: :J 0 u Q .J < 0 ii: II. 0 A Q this morning, you stated that during that period that Uncie AndJ us.ed t.he washing machine at the farm and. occasionally he woulc ~sk. someohe in your household to do as bi.rt. Is this correct? Yes. This was what he would do at the farm, :would be like his dirty work pants and t~.ings he used, rough clothes out around the farm. He would do that himself in the washing ma.chine out there. Hew ould haul some water, get the water .from a well he had du out there to carry it down. And he heated on a heating stove. Your testimony was this morning du'r'ing this period 1958 to 1971 that on occasion the Thomas Downey household would be ~ . ' asked to ·do a shirt by the uncle. Is that correct? Yes. Was it ever anything beyo~d that~ No, not really. Shirts were .the :tna1n thing, because he always ~ ;'t ~ . • ' liked to have on sort of a clean shirt add tiecktie . • I,: ot' ~" ,·t• • « . t i ·~ . ; ~ ~ -.. .. You testified this morning as .to two periods . of•illp.ess by Uncle ' •· Andy. The first occurring in ·July of 19o8, and. 'the second· "*.... J • ,.,:. l i occurring in December of 1970. I bel ieve that you testified ior ' ,/' .,"' ' ~ • < ' • 't ..1 < I II.~ "' the earlier occasion, namely in July of 19o8, that he stayed fo a number·of weeks in the household of Leo and Marilyn. Is tha correct? Leo and Mazzi'or Mary. You can put Mary. Mary is her given name, is that correct? 81: I ~~ . I I I ' ' ' I / • I ' • ' t f .... · f '! - A Q A 'Q ~ z o( ~ >- A CD ' z z Ill D. z 0 1-~ Q X CD o( ~ .,.: u a: A .... CD 0 ~ Q 0 :; A l: .... I' N. ui a: ~ Q 0 D. Ill a: .... a: :J 8 A .J o( u ii: Q II. . ·o A '. ' ' '· I · · 'rl· .. ·., L ... ·• • ·· . .• ~ . ! \ ·, .,.. ........ Bertv Yes. ~ Did you so tes.tify this morning? Yes, sir. ... How many wee.ks was he .there? '. ' , ~ • Well., it was two or three weeks: 1 b~lieve it might hav~ •' . ' ' : been a little over two weeks anyhovr'. An~ it was sort of like a summer cold, but he vomited and sort c:>fr'ha:m pains in his . . stomach. It was like a summer virus, but he was really very i l. During that period, were you ever over in the Leo Downey household? Not while he was ill. Was he confined to bed during this period? . -' A good bit of the.time he was·. During·the worst period of hi~ illness he was. So the answer is, 1 assume, that he was not confined to bed for the' full three-week period. But he was too sick to go out. At any tirr1:e during this three-week period, did he return to h.is own apartment in East Liberty?' . . . ' No. He stayed there until.he was well enough to drive his car. ., Q .. I assume you are familiar with the Leo Downey residence at that time. A Yes. I am. Q Did. they ba ve an extra bedroom? R?. • '' " I 1 .. I •' ~ z < > .J )o 1/) z z Ill 0. z 0 1-~ z :r 1/) < A ~ Q .,.: 0 ~ A ~ c .J < 0 c ::J ., :t 1-,... Ill ui a: Ill 1-a: 0 0. Ill,. ~--A a: ::J 0 0 .J < 0 ii: II. . 0 . Berty 83 Itfs not really an extra bedroom .that they could take care of him very well. But 'they had at that time, t,hey had like a studi ~ couch in a ·sort of downstairs, I don't know, we used to caH then a reception hall. I don't know what·they would call them now . The stairway·went up out of the;e; and that is where he 's~ept: THE COURT: Excuse me. That sickr ess ' when he was sic_k for three weeks, that·was in Decerrber of 1970. No, sir; July of 19o8. In. July . In July of 19o8 he had a bad spell too. It was like a-virus. He . . was, vomiting. No. •.r THE COURT: . . ' ' ,{ "' ·~ I ,?.Y" ~ ,j!" July of 19o8 he was injured. MR. TERPUTAC: I though~ you~to19 us in t·. .... ·~ t ) ' ' ~ + ~· • , " . .,. . ' .. " \ , ' ·' .. ~-~ I don't 'believe(~o, You Honor. Therewas an illness inJuly, 19o8, one in December of 1970. And then there was a matter of the infected toe. That was in 1970 also. THE COURT: When he was sick for three weeks, that was in 1970. .. .. ,, . ' l ,-,. .• f l:J b=======~~======~==~~:d~~P>~r·t~v·==========~···~==·~·~=,~.~~n~==~ You ~i~n't, s~~iJe V:~~' . 1 ' . A Q :! z < > .J >-Ill z z 1&1 Q, i 0 A ... Cl .· ~ :t Q -Ill < ~ ..: A u a: Iii\ • 0 .J ~ u 0 :J ., :t 1-" N i ui Q a: 1&1 ... 0: 0 A Q, 1&1 0: ... 0: . :J 0 u .J < u ii: II. 0 Q A ,. THE COURT: . injured in l9o8? . l No 1 I didn1 t. Now .let 1s move on to .~he· Dec ember, 1970: illness, which you I, t·estified, ~and I think you testified here tl!at Uncle Andy at that time stayed in the residence of Tom and---I'm getting the 1ames confused---Tom1s wife is Marilyn. Yes. . ! •• Not then, that was in 1968. That was the two days, a couple ... dayE;_, he came and he was pretty·sick. And he said he was going to go 'out home. And Instead of going home he went to Mr. and Mrs. Leo Downey's. . . : ~ You mean in December of 1970 he stayed with the Leo Downey'~:? Yes. In December of 1970 he stayed with .fh.e:;Leo Downey's too. He st.ayed there both or'his illnesses. I testified that my , .. ' daughter was working for Bell. Telephone Company;,.and we wer~ not able to }ake care of him fqr a!l:Y great length.of time, became we just had a.small ranch house. During this period, 158 to 171, did the Thomas Downey1s have an extra bedroom in case 'Uncle wanted to stay overnight? What we did, mygranddaughter 1s bedroom, she would occupy a studio couch, and he would occupy her bedroom. . . ' .t ~· I • ' .. Bertv 85 Q So there was 'no unoccupied bedroom which was open for: his use when ever he wanted it. A No. It could have been arranged, but we didn1t lave. to. ' • • ,I s . ... f, If he had wanted it, he would have had it. : ) • " ·Now let1s move on, Mrs. Berty, to obviously a very important Q < z' < area .of your testimony. you .testified this morning as to a ' > .J )o Ul z nUD).ber Of occasions On which the decedent supposedly made • z Ill Q. i certain statements with regard to the dis position of this estate 0 1-CJ ~ to the claimants. The claimants 1 counsel this morning broke l: Ul < ;:: the examination down into the time periods and I am going. ,, ..: u a: 1- to do the same thing. Address ~our attention, i.fi_J]rau will, Ul c .J < ,to the period 194 7 to 1958, and of cour.se, the ·breaking, point, u the 158 greaking ·"point is when the brother. r.eturns from Calif or ~1a, 0 :I .., :t 1-,.. N obviol:Js.ly. IIi a:: Ill 1-A a:: Yes. 0 a. Ill a: Q 1-So this is when Leo Downey is .still in California and has a:: :I 0 u .J been therefor 14 years, address your attention to the period < u ii: 11. 194 7 to 1958. li my notes are c'orrect, you testified that the 0 decedent stated that he didn1t know what he would do without . ' \ . you, a!!~. "I expect to leave n;Y entire estate to .Tom and Marilyn and Leo ·and Mary." Furthe~more; .. you testified that • 1--t he stated, "If you take car'e C?f ~e, ~ I will' take care ·of you.·" I' .j. ~ A Yes. . ' . I \""' ' t ··, ,..1! ' • ~ 1" ' t . ' ' . : t .,. • r ·~ J: ~ z < > ..1 > Ill z z Ill . II. z o· I-C) z :t Ill Q ~A ..: u It I-III c ..1 < u gA -, :t .... ,... N •ui It Ill l-It 0 II. Ill It 1-0: :l 8A ..1 ·~ u ii: II. 0 A . I don't want to put words in your mouth, Mrs. ·Berty, basically I that is what I have on my notes as to what you testifed to .. This s the period'·1947 to 1958. I ha':'e several questions with regard to that. This is very important .. Late'r in'your testimony . ' you we::re very .specific ·about three instances in the Downey household in which statements along this line were made·.· Now I want you to be just as specific now for the Court and for me as to when the earliest time during the period 1947 to 1958 that such a statement was.made. ' -ill "'I.. . ' . . Well. it was very early. • ' J \ . ' . ' , ... . . . THE COURT: It was probably---.- THE COURT: year they were ·made ? " '· ·' . 1 '. .., I ,_r · . Can you state .the year? '' " " ' f ' Can ·you ,state the The year that he originally made a statement like· that that he . . wanted to leave everything to Marilyn and Tom was---well, . . 'it·.:w:as after they' cam.e back from California. It was in March of 149. THE COURT: After who came from 1 ~alifornia in 149? My daughter and son-in-law went to California and they came ,. Berty :· back when J.was in the hospital. I was not expec'ted to ltve and they came back". THE C0URT: -' This statement was rna e to Tom and Marilyn. Yes. And it was after I went home from the hospital and f,f t I he came to the house aild they gave him his dinner. And he stayed for: awhile until it ran into a' little bit late . .r in the even in~ , and he saj_'s, "Well, Chief, I'll tell you;." that's whaLhe sq.id, Chief instead of Tom--- THE COURT: Tom and Chief are the same person. Yes. He says, "I'm going to make you my heir. I'm going to leave everything '-I have to you ar;td Jiggs .. " TH~ COURT: Jiggs was who?. Leo. THE COURT: His brother Leo. Yes. I'm sorry, 1 missed that. ' "I'm going to leave everyth~ng I own to you and Leo." He said that to Tom. $ ~ '• , I , , . That was right ·after I came· from the hospital ,. • ' •. • 1• . • :..;, , 'I Y. ( ·. 87 88 1• in 14 9. I . . . Q At this tl.me, Leo~ of course, was in California and had been th re some six or sev~n years .. A i es. ' ' Do you know whether, during that siX or seven years, the decec ent had even seen Leo? A I don1t know whether he'did or not. ' ... Q Did you testify, Mrs. Berty, that' th~t stateme~t which ~as ma~e , r· 1, ' • I ' /• some time after you came hom·e from the hospital, did you test fy .. ' .. · that was made some time m 195 0,?· '; I I ~ < ' f . A No. I said in 149. " ' } Q During the period 1947 to 1958, were ·any comparable 'statemen s made to you? A Yes. Q Would you please be specific? A Well, on a 'number of different occasions---and it's hard, I mean tb;.igD back that far, just to remember .any definite times, but that one time that I remember when I came from the hospit:: 1, when.Marilynmnd Tom were there, and he s~id to them;; there fvere '' a number of different times when he told me directly; dates anh all, it1s hard for me to remember dates like that, go back that far. But there were a number of different times when he told IJ e, made the s~:me statements to' me~ "Pm going to leave Tom my holdinf!'s because," he said, "h:e and Jiggs always were real • Q A Q A ~ Q < > ..J >-Ill z z Ill II. i A 0 ·t- Cl z :c Ill < ~ Q A Rertv good to nie. He and Leo were'always real good to me." Was Leo always included ·in these statements, along with Tom? Along pretty good, he was; most of the time he' wa·s. Despite the fact that he had been in Califor'nia for 14 years? Yes. He really was close ·to Leo and Mazzie too. Did tq.e decedent ever make a statement .to you that said, "I . propose to leave' all of' my estate just to Tom?" . Well, not specifically, he didn't just say just that. But always i '' was to .Tom and Marilyn and Leo and Maz'zie. This is important, obviously. We are· talking about' the earlier ·years, 147 to '58. Who.was present at the time these statemen s w'e·re made? ' ' A number of times there would be nobody, present. Just yo)-1? Just·me. But on several occasions, Tom w.ould be there. He was always bringing this up, about his .estate. ·· On'none of such occasions, obviously, was Leo there, he bei!l~ in California. Yes. 89 Were there any other persons present at the time these statemE nts may have been made during the period 1947 to 1958? . ' .... .... -f -c; • '( . ' I ! l Except my sister who is.-in the hosp~tal now, an~ her daughter. ,. ~· 0!. ,,' I t ~ ~ -' l"f' , • li 4 · t •• f ,to '! _ . . _ .:i( ~ ., .p· . ., •• I PI;.~ ~. ~ ... • t ,.. . . ~· "-0 f., 'It~'-.;-' ' o I ~ 0 I" ,.•-O f ~ They were there on a number_ of oc'casions. But neither one of '· .• . ' J . ... --' ( i ' ~ ·' 'J .. '- ' ; :· . -----------~--~----~~---,,--~--------~------------------~--~--~------------------~-- • e e ' ., ' • ' t .•. Q A ~Q < ~ >-Ul z z Ill 0.. :iA 0 .... (!) ZQ i Ul < 3: ,..: u a: ""~ A Ul 0 .J < Q u 0 :J "1, :t 1-)'o N IIi a: '·Ill 1-0:· 0 0. Ill a: 1-II: 5· u .J < u ii: II. 0 ·~. . . Berty •' ' them can be .here today. You testified they were.pres.ent at a-number of occasions in 1970 and 197.1 .. I'm talking· now about the period .1947 to 1958. ' Were they pres.ent ·on·thos'e .ear lie~ occasions? A number of occasions they were, yes; Were a~l.J such statenjents made in the. presence .of you and your dau~hter and your's on:-in-law: ~ll.three of you at least together Yes. Can you give me a:ny igea of the number of occasions this discussion may_ have come up during the· period .147 to '58? At least a dozen times·: What would pr?mpt so'mething like this? My experience as a layvyer is that pe9ple.are very clo.semouthed-~-let me finish my question, please---my 'experience as a lawyer is that people are very closemouthed about their testamentary wishes. You are telling us that the man, at least 12 times during an eleven ye'ar p"eriod, has entered into a discuss ion with you and • others. What prompted these discussions? MR. TERPUTAC: '· f ' ' " I ' object to this .~sf.beirigtot~lly :drgumentative·:. in the < ;. i ' ·~ • 0 ~ • t ,.. ~ :.· L -~L ~, .z .. Just a minute. ·I first place. I think that''s an absolutely ridiculous . ,assumption. ;.. 4 It's my experience that"-the 'contrary is· • :1 ~ • ~ • f ~·-l '! ~ r r £ ~ • ·true.~· They do talk to people a};lout what they are goilg . t ' • I •. 'r', 1' ' ~ '. ' t "'; ~ --~ 90 ·~ . 91 to do. Besides, I object that this is argumentative , and not a proper question. THE COURT: "rwill have to over'rule • you. l·think the g:ra'iuito~s remarks about' what your experiences are sqoultl riot be in the· question, becaus .. ~ z < \ .~If!:· > .J ' ., >- some people do talk,aboyt 'their dispositions anc(others' . ' i· ! ; I/ ' Ul z z Ill 0. l .. . ~ ·r ... _ ~ ·t J . ·~ • d<;m't. It depends ori the pers'on. But anyway; f'think '• ., i 0 1- (!) . z i Ul < you can answer;the· question put to you, Ma1am, is _ ..... .-.... ' ' .. \ ~ ) • I •' • this: under what circumstances or· how· did the· suoje< t· ... ~ '. ·come up, in pla~n English? ·· ...: I u ii:. 1-Ul e c .J A ~ u The subje'ct would come up about people being on Welfare and c :::l ., sofor.th. There·was a period in their lives when they jus't :t 1-r-N didn1t know what to do fbr food, hardly, and soforth. And they IIi a: Ill 1-a: 0 were talking about ~hey .didn't have---couldn't buy cigarettes.' 0. Ill a: 1-a: they could~tt buy tobacco and anythi.ng like that.· So he said hoVI :::l 0 u .J he saved his money and this, that "and the other thing. He was n t • < u ii: II. 0 ever going to spend his money unwisely, things like that would .• e come up, just come up. ·THE COURT: They would ·.swing into this. A We'd U:qk ~bout the Depression, when the Depression was. THE COURT: Then after they talked 'I A • ~ z o( > ..J > Ill z z 1&1 D. i 0 1-C," z Q :t Ill o( A ~ j-:' u Q ir ' !-' Ill e c ..J o( ~ c •:J ., J: 1-r-A N IIi a: Ill Q 1-a: 0 D.- Ill a: 1-a: :J 0 A u ..J ., o( u Q i1: II. 0 e·· ,, 'i .. { A Q '' Berty 92 '. about those things, -they would i~v~riabl,Y. come around . .. to the business wJ;lat he was going to do with his prop_E rty. Yes. I never asked him, I never pro:i:npt~d him in.an~ 'way, because it was none. of my bus.iness. But he would always just ,, tell me, because he1d say he1d·hope that they ~quld take as gooc care. of their money as ~e did. And. he didn1tget a job at Westinghouse until 1945. That'was when he got a job at Westing ouse. Have you finished, Ma 1am? Yes. During the period 14 7 to 158, during thes'e discuss ions, I think you testified that he said occasionally, at least, he didn1t know vhat h~ 1d do without. them .. Is that right? Yes. "· ... He was making ref_erence to Tom and his wife and not to Leo and .. his wife, is that correct? Yes, sir. You also testified that' at least during the course of some or ~ •. t all of these conversations, ~that the decedent said, '"If you take' . . ' ' '· ~ I I ..... . ~ ~,. . .. . ... ;· .... ' . , .. ' . ~ care of me, !Ill take care of yo_ti. '·'' ·:t· 1: .... !· · • .. 1 • ~:· • ';:1!¥ Yes, sir. , . ' .. . ·, ~~-". • f ' Now did Mr. Hohmann ever -expla,in to Y9U, or to· .Tom !3-nd~ his. w 'fe what he meantby that? No!.whaty~u thoughtp,e Il!e?-ntby·.it,.~ . ~ -~-J' ' t •• ,, '' ,------------~-~----------------~-----------~------------~---- ' I . , •. , . . '. Rertv 93 -but did he ever teil you what he meant by it? Here c:gainJ ezcuse me, !want to 'make it perfectly clear, my question is did he tell you w~at he inea~t by that _statement, and not·what you thought he might have meant by it. . ' . I ' ' . ' • . No, not actually, ~because he ~.ays;' o,ge; time. on one~certa~n occc: sion . ·':~ \·~ ~$ ,.-I ~ t' l • ' I ~ I.'" ~ ~' \ ~,~ ... ~-~ ~ '. • ; , '· ~ ,fl ~~' i we were· on ou'r way to :·oh~o, a~d he says, "I ~ean by 'that ·that · •,· I am going to leave my estate to Tom and Leo Downey." He sa) s. '· "I'm going tq leave everything I own." ·~ ' But the answ.er to my_ question is no. ' ! l ., .-..:· ' ; That's right. THE-COURT: Just a minute here. Nc . to what? I don't understand. I asked her whether the c;lecedent ever explained to her his statement. . ' .THE COURT: She did say that he did explain to .her. No, sir, she did not. THE COURT:· Just a second· now. ; We' don't want·any entraprments in your cross examin tion here. I think she stated very precis ely what he mean ~ ~ . : .. when he said·, "I am going to give all my estate to ' Q • A ~ z , < Q > .J )o Ul z z. 1&1 D. ' i A 0 1- ' ., ' (!) ~ :X: Ul < ' ~ .. • ..: •, 'U a:: 1-Ul e Ci' .J ~ ~ 0 . ::l A .., :c .... ' " N ui a:: 1&1 1-a:: 0 a. w a:: 1-a:: ::l 0 A u .J < u ii: ll. 0 A '·' ••• '1 Berty these two people," in the English language . . Thatts not my ques.tion. My question has to do with the statement· that he would take care of them if theywould take care . of 'him . He says, ·"I mean by. that---" That's what 1 asked you·. ~id he ever expla~n to you what he meant by that statement? Yes. He says, "I mean by that----" THE COURf': Then yo}l interpolate and say ,the answer is no. I dori't quite understand thiJ:;. · Did you understand· what he meant, Ma'am, or not? ' What he just wanted me to say--.-- THE COURT: He,J meaning who, Mr. Ridall? The attorney, he wanted me to'say no to his question, which he • • 1l • •' , ' '· ·.,'... ·. ,. . / • I ~ .. , .'! asked me if Mr. Hohmann-e.~er,e.xp~air:ed to me what·h~1m~aq~. .. . ~ , .... ~ ~ r - THE COURT: Did he• ever explain to " '. . . . . . ... . ' ' I • -, you what he meant? ' • •' . ... . . . ~ ·f . He said----. 94 THE COURT: Yes or no. Did h~ expl< in "· ------------------------------------ IIi a: ~ Q a: 0 a. Ill a: 1-a: :J 0 u .J < u ii: II. 0 Q Q Berty 95 to you what he meant?. Oh~ well, yes. \,,. , . Then the answer is yes, ; ' "" ( ~ I .., l ( ,. ! .. "' '/lr • "' • J, i ., · ............. THE COURT:· not no. } .. The answer is yes on that. ,. ' ' ' I J '~ <It .. '"" ' : 'r THE COURT: That!? wh~t ·I'm~ trying I f , • l 0 '· : to explain. If the answer is yes, I want to know what he told you he meant by the statement, "I will take care of you if you take care of IDE." THE COURT: See, there is confusion . ' here. In other words, the answer no and the prior. answer toy our question are inconsistent. I think, Your Honor, f think this' is sufficiently important, give me another go at it. THE.COURT: I will. I think urs a very important area of her testimony. THE COURT: You will have p.ll the leeway you want. But I want her to understand what you are meaning when you ask these questions. We want to be fair on all sides here. I do too. I understood you to' testify this morning that during A ,. ';I I f 1 'j . ! ' . . • ¥ ,.~ ·"' ( F ., Berty 9o. ,. ' .. . ~ , some or all of 'these conversations during the period 14 7 to , 158, that in addition to othe):-things, the decedent,_ma~have \ said that he expected to leave his estate to these 'two boys and ' wives possibly, in addition, you take care of me and. I will take ' . care ofyoJu .. Is that ·correc;t? Yes, sir. Now ;ny question to you was, did Mr. Hohmann ever tell you wl.at ' he. meant by that statement, if you take care of me, I will take care of· you ? Well, I just answered it. THE COURT: Ma'am, let me say this t ··to you now. I think he gave you a· fairly simple ,. question. Now don1t talk aboutwhat you have already ... . ' said. He wa:Q.ts. you to give us a brapd new answer to the question he just put tOJ:0,u .. And I think he's entitled to an answer. We .will have the reporter read back to you exactly what he is talking about . .(Stenographer reads back the last question) . THE COURT: . ' ' . That 1s the question. Yor can say yes he did or no he did not. And. if you say YE s he did, explain your ans.wer .. Yes, he did. And he says, "I mean by that, ~' he .says, "that if. ~ z < ·> .. ' .J • I >- '' ' fl). ~ z z Ill D. i 0 1-C> z ,;[ Ill < 3:: A ...: u 0: 1-Ill 0 .J ~ u 0 :l ., :t ... r- N ui A' 0: Ill 1-0: 0 D. Ill o:· 1-0: :l 0 u .J, ' < u iL II. 0 Berty ·• Tom takes care' of me that I am going to leave everything I have I to him and his brother Leo Downey .. " And the discussion didn't go any further than that? Not any further than that. THE COUR';C: Now just.a seco'nd. His gift to Leo wasn!t 'cohditioned on anything. The only' ... •, .,._, .. t-•. ( 't "' I ,1 t I ~ ' <\ f .' . • I ' j ' r. · person that had' to do s om'ething'w as 'Tom. 1. Is that correct? ' . '· •' ( . ~1, .. ( r-.. .. Well, at that time, Leo was still in California. -f .. . ' ' . I .. ' t • J ' ' .. THE COURT: So at that point,. the ' ' statement 'was conditioned on Tom doing something 'for him . Yes. MR. TERPUTAC: lkn9w what Mr. Ridall 'is getting at and I would reques.t the Court to request 97 .. " .. .·, I ,. . . . I him to ask direct ~u~stions so the witness understan~s. And I don't think the witness does understand, Your lronor. THE COURT: I think the last question ' was pretty clear .. You understood the last question. Yes. lt1s all right, Mr ~ Terpu.tac. no . THE COURT: : intelligent witness here, Mr. Terputac; She under- . stands what the question is· . . Q We· are gett'ing towards the end, Mrs. Berty :a 'you will be glad • to know. ~ z < > .J THE COURT: We 1d like you to know >-Ill z z LIJ. II. you have as much tim'e as y'ou want. We .are not rush'lng -i '' ·' 0 ' . ' 1- . ' Cl . ~' : . ' I,, z ~ . i anybody. ,, ' . ' J Ill < ~ Q ' ...: That is the period 194 7 to 1958. Letts move on to•the period •' u ii: 1-Ill 1958 to 1971, the time he died, And think aqout th~· s~'ffi.e type .o ' , I e 0 .J ~ u 0 You testified this morning that there .wer.e; ~t • r I : ., _:t ~., lj ~ ; ~ f ~ questions. ::J .., least three occasions in 1970 and 19'71 in which similar statements • :t ... ,... N were ma'de by Uncle Andy.. Now am I to understand by that, tha IIi 0:: Lll 1-0:: 0 between 195·8:5 and 1970, no such statements were made at least II. Lll 0:: 1-0:: in' your presence? ::J 0 u A .J Oh, certainly. < u ii: Q II. 0 Because you didn1t testify to any of those. e A Well, they. were, but it was later years when it became more frequent. Q. Other than the three occasions, specific occasions to which you testified this morning, during the period ! 58 ·to ! 71, on what occasions did conversations along this line ensue between you a1.d Urtr.le Andv and with what frequencv? ~-------~.--~----------------------------------------;;---- n~~hr. . .. A Well, as far as that1s concerned----· THE'COURT: Ma1am, now address . ' yourself to his queption. · · ' ' • .. ~ A ' There were occasions when we were down,. when Leo and Mary ' ~ ·z < moved back from California, they lived not too far from us dowr ~ .. > .J >-Ill z ! below 'us in a house. We lived on Somerville Drive. Jive forgot en z Ill D. i 0 the, name of their drive, Gilkerson Road, I think it was, and we 1-' C) ~ l: would often be down there, and he would be there .. ' Ill < '. ~ ' t-= u . .. THE COURT: • l He would be who? 0:: ' ' . 1-Ill e Ci .J ~·A ID U~cle Andy. Also' Uncl'e Nook was there. Uncle Leo Hohmann 0 :J .., was there: And there were.a .number of occasions when he made :t 1-.. ' ,.. . N IIi statements, similar statements that, "Well now, since. Leo and 0:: .. Ill' 1-0:: I 0 • I • D. ' IJJ . ' { ·, 0:: '•· 1-0:: Mary are back from California, " he says, "I'.m ·going to divide • <) . ' ·. '" J! • ( f • ~ ' ~ \ ' ,],. my .time between them." ·And he says, ".I'm going to·le~ve 'ea:c~ one· ,:J 0 -·u .J < u ii: .. LL. 0 an equal amount in my estate. " That was the .statement at that . i . time. ; J ...... ' ,. .•-. ' . " .. ' ... ' e . ' THE COURT: · ., He didn't expec,t anythii g t .. • .. ~ t from either one of them for that, did he? I ., A He didn1t say anything about them repaying him or anything· like that aLthat time .. Q These statements I assume you are testifying to were made in '' ·' A Q • A Berty 100 your presence, obviously. .. ~·' Yes, I was there. ·'t • ·\' ' . t .. ' " ( . I ' .. ~ I ~ J ~l ~ Other than the three occasions which we wHl talk.about ~n a minute " ; "" t t .,] ... during the pe'riod 1958 to 1971,, on:how manyt,~_ccasio~ . .;,ou~d-yc~ ' ' . ·~· . . ' ' . ' estimate conversations similar to the. ones yqu ,tes~ified_ .occ}lrrE d? Seven or eightr,Juntil after Uncle Leo1s death. ·onany of such occasions---:-strike that, please. I think it was---letts see, where had he gone? He went to .someplace up to see somebody bythe name of Keller, I think. And he came·back and he•stopped at our house. And then he· say , ' "Pm going down to see Mazzie arid Jiggs," or Mary and Leo. And he says, "I'll be back after a bit, ,. So when he came back, he said, "You kn~w., Queen," he says,;--'.:..they .always called me t . ' Queen because my .son-in-)aw started calling me Queen'---he says, I "I have decided for sure," he says, "I~m going to leave everyth ng I own." He went over. this a number of times. It seemed uncanny to me sometimes and sometimes I would answer him a d . sometimes I didn't. On any of those eight occasions, would any of the claimants, the two Downey couples I am talking about as the claimants, have ·been present with:; you at any of those t~mes? Tom was there because he was home in the evenings most of the time; sometimes early, sometimes a·little bit later, but he was there on a few occasions. At least four or five times that • t, ' l'.· ;'I Q A ~ Q z o( > .J )o (/) z z ~ A i 0 1-~ Q I: (/) o( 3: ...: u A a: I-I/) ~ Q < ~ g A ...,, ai a: ~ A a: 0 0.. ~ Q 1-a: ::J 0 u· .J < u ii: 1.1. 0 Q ------------------------------------------------------------~,~------ Berty 101 he was there. Would ~eo Downey have been present on any such occasions·or ' any of them? Not at that time he waf?n1t. It was only like when we went down to Leo1s house that Leo was• there, Leo and Mary. Mrould Mary, Leo's wife,· h<?-ve beeh present on any such occasions? Yes, when we were at their house, yes. You are saying that at least one·o(these eight .occasions occurr~d ' ' at the Leo Downey household. Yes. You were present. Yes. ,• .. j ' \ I . t ' I! $' .. "f ... ,• ., ~- Were Tom and your. daught~r. pr,es erit ?-' ': • , t •>f ' .... .;.~r • 1,r ~ ' r•~ , . l '· .. ' ·' . ,( .. •. , . .. ' Yes, sir. I ;. .. Let1s go on and examine the three specific·m'eetlngs to which .y( u ~ J• • r ' . testified this morning which occurred in 1~70, and 197~. I belie1 e ' .. 1\ ... ~ ~ • t ~ you testified that the first meeting occurred or at least the first meeting you testified about occurred in the summer of 1970 in the Tom Downey household. And I believe you testified that . present were yourself, of course, Samuel Welch, Uncle Andy. Yes. Was there anyorie else present on that particular occasion, if you remember? • . ~ "e. .. . .. ' ' . ; . . ~ ' i .. I • 1 ; t ~ I e I ·' A Q A Q A <( Q z <( ~ >-A Ul z z Ill Q, Q i 0 .... ~ z J: Ul ~ A ...: u Q 0:: .... Ul 0 .J <( .~ 0 ::l ., :t 1-I' N ui 0:: Ill .... 0:: 0 Q, Ill A 0:: .... 0:: ::l 0 Q 0 .J ·< u ii: II. 0 A A Berty . 102 I think, yes, .. my daughter was 'there. . t. f • • ' And her name, please? " f Marilyn Downey. ' .~. Do you remember if ypur sori-in-law was present? Oh, definitely he was there. It was in the evening~ How about Leo and his wife? Were they there? '. They were there on Augu'st oth. It was my daughter1s-·--- Pm not talking about that meeting. I'm talking about the m eetin1 you ,identified as the summer of ·19 70. ,. No. They were not there then . My notes indicate that Uncle Andy stated in the presence of all . o ·ot. ' ,...,~~· ~~~ . ~ ( ,I -1' o . ""' of you at that tlme that he·prop9~ed~~o leaye'all~_<?.f,hts e~tate to.. ,' t· l 'I! ... ·~. ':!' ~ J ~ "'; { , • <1\ ' ... .Jf .t • ,./ ' th,e two Downey couples, the claimants herein, because they ha< • been so good to him, and he doesn1t know what he 1d do;without·:· J ' r r' , ~ _,.. ! '•I ' them. Is that right? . ¥. ·' ' '1' • ' Yes, sir. I Did he go beyond that at that meetin'g? Dtd he make any other statements ? He says~ "Pm going to leave everything that I have to·you an:d Leo.'!. THE COURT: You, meaning who? That w.as to Tom. He was addressing T,om. He says,. "Tom, I'm going to leave everything I have .. to you .and Leo." -.--~--------------------------~--------~------------------~------- .. Berty I : I )' /, Q Is there anything else he said at that-.meeting?. ,~ ' ., ''• MR. TERP.UTAC: Just a minute. I object to that . • Q·--: t' Let me say this, let me put it this way: she made statements < z this morning about some discussion about review of a Will whicll < > .J >-Ill occurred 'at this meeting, and this is what I am looking for. · z z Ill Q, i . I asked you, at this meeting, Mrs. Berty, was there some 0 1-C) z i giscuss iqn by your ur:cle of a review of his Will? Ill < ~ A ' Only when he said or when he made the statement, he said, ...: u a: 1- "I'm going to leave everything I h~ve, I own t<? you," he was Ill a .J :5 addressing Tom Downey, "and to Leo Do~ney·. I'm going to ~ 0 ::> ., name you in my -Will, . leave everything ;I have, to you." J: 1-" N Q Was there.-any, to,the.best~·ofyour recollection, was there ui a: Ill 1-a: anything else he said' that might be important that we should 0 Q, Ill a: know' about? 1-a: ::> . ' 0 A u No. .J < u iL Q II. Let's go along to the 'second meeting which I think you identifie< 0 . as the patio meeting. Once again_, we ar'e at the Thomas DownEy h'ouse_hold. This I think took place in August of 1970, and you indicated that present were yourself, Sam Welch, Nellie Wickwire, who is your sister, and Helen Wickwire, who is you niece, Roy Manbeck, who is now deceased, and Tom and Leo, Berty 104 the two clainlants. To the best of your rec_ollection, was anyon"' else presentat that time? A MarilynJ my daug_hterJ. and Mary; Sam Welch was there. .Q Anyone else that you'd like to mention? • A Only a neighbor who is dead. ~ z Q Were the statements tow bich you testified he made at that . . < > ' .J >-Ill meeting made in the presence of all those persons? z z 1&1 D. i A Yes, sir. Someone was kidding him and saidJ "What' are you 0 .... C) z going to do with all your mO!Jey J Uncle ·Andy? II . They always i: Ill < ~ ,, "" • ...: 0 II: .... ~ , II' called him Uncle Andy too._ , Q ',, ( ' • F t t ' ~ I ' I ~ I " ·'" t ,. ~ I . • I ; • ~ • So he stated there that everiingJ b':r;'that afternoon that ne·propo~ ed' • Ill . c ...1 to leave all of his estate to the' claimants . < 0 c ::J ., A Yes~ he .did. J: 1-,.. N Q ' Is there anything else he said at that time w~ich,mig~t .l?.e~r· ~n : tti II: Ill ·I-II: the question? 0 D. Ill II: A No. .... II: ·' ::J 0 0 Q Now the final meeting. Mr's. BertyJ is the meetipg shortly ...1 < u IJ,. before his death, which occurred on June 14. 1971J <once agai 1, IJ,. 0 \ at the Thomas Downey household. A Yes. . . Q . I am having trouble reading my notes ·now. But this is who ·'. my notes say who you. said w~s present. Yourself, of course, Tom and "sam WelchJ Helen Wickwire. A N.ellieJ ·my sister .. ~-------------u------,~----------~--~----------------------------- Berty 105 Q Correct. Nellie, your sister. A Marilyn, my daughter, and Leo Downey was there. But Mazzie wasn·1t there. Q' t I.: Mrs. Leo Downey was not present • A ' ' No. She was not there. Bl;Jt Margaret----! don't know, we c~ll • ~ z her Jane because her name is Margaret JaneJ Margaret Jane < -· > ..1 >-Ul Ward, she was there. Ami the reason for the occasion of that z z Ill D. i was because Uncle Andy1s birthday was the 13th of June, and 0 1-c:!)' ~ Margaret Jane Ward's birthda:Y was the 12th of June. So we :r Ul < 3: had baked a cake for Uncle Andy and he .. didn1t come on his ,_: . ' u a: 1- birthday, and I don't know jl;lstwhere he'went thatday. But Ul 0 ..1 ~ u • the 14th he came in, and he had t~is big roudd cakeJ like a cakE c :I ., container. And Marilyn met him at the door and he says, "Hi, :t 1-·I'-Ill' Peanuts." He says, "What1s cooking?" 'He said, "I'm ready ui a: 1&1 1-a: II II -'II to eat. And Marilyn says, , Whatd:~..f.G:U have there? And he- 0 D. 1&1 a: 1- says, "Oh," he said a friend C?f his, a woman out at Hickory ha a: :I 0 u baked him a birthday cake, and Marilyn said, "We looked for ..1 < 0 ii: II.. _you yesterday because, we bake?' you a cake. 11 And so being 0 Margaret Jane Ward's birthday being the 12th, we had told her to come over too. So we were having cake and ice cream and soforth. _, ' Q • . ' ; ; A ' Is your sister alive, Helen Wickwire? ~ .. l ft It '> Helen Wickwire is my niece .. i ' '~ .r. ~ ' f I . . ,.,: .. ' ., ' ' ' i I .~ ~ ' ( I ' ' ' .. '· . ' ~ ' 'I I Q Excuse me. ·. . ' ~! > • t t . _. • ' Berty. lOo Nellie is my sister. Excuse me. Let me· back up. Is Ne,Uie, your s~ster, al.VV:e? 'A She is alive, but unconscious. 'Q Is your. niece Helen alive?· I '( ~ t • • j A ••• • j ' ~· . . . I ' ~ ~· , • .. ' She is alive. She is in beside her bed and will not leave the r'oon . ~. r ~ I ;f • t ~ ~ ~ ' ' ' 1 t I " • 1 !' ~ ~ I ~ '· ~ ~ '\ ~ Q z < > Does she reside in Pittsburgh or in ·Washington? . , ... ! ~ ~ ~ )' A Ul z z In Pittsburgh,. Mt. Lebanon. .... I If ~// {. ' • ..:, f i i ~' .I ' ~ of!• Ill D. i 0 1- THE COURT: • • ' 11 , f $ v I ''\.1</ You'mean her husband , C) ,,-~ ::t Ul is sick? < 3: ..: u 0: A 1- My sister, her mother. Ul 0 ~ < ~ THE COURT: She won1t leave your. 0 :::> .., J: 1-sister because she is the daughter. "' N uj. 0: Ill A 1-0: Yes. My niece won1t l~ave her bedside. She won1t even go out 0 D. Ill a: 1- to eat unless somebody is 'right there in the room with her. 0: :::> ·o u•Q ~ ·. ,,.• Which hospital is your. sister in? < ~ II , < u ii: A II. St. Clair Hospital. She was supposed fo appear to come with ' . 0 us, but she wouldn1t leave her bedside. Q My no.tes indicate that you testified that at this me~ting, U~cl~ Andy said he wasn1t {eeling too w~ll, and if anything '. happened to him, he wanted Leo and Torn to go to the farm ·and split whatever was there. And furthermore, he proposed to lea've lids . . estate to the claimants. --------------~------------------------------------------------------~--------- A Q A Q ' ~ A z < > .J )' ' Ul z z 1&1 II. i 0 t- C) !:: X Ul < -~ ..: u iii t-Ul c .J Q ~ u 0 :l A ., :t ~ ,.. N ui a: 1&1 t-a: 0 II. 1&1 a: t-a: :l 0 u .J ~ u ii: Q IL 0 II.· I' •· i . • ' 'RPrtv 107 Yes, sir. These stateme~ts were made in the presence of all the people you indicat'ed w·ere present that evening. ·. Yes, sir. · <I Did he make any f~rther statements that evening? ·No: yvhen he s,aid he didnrt feel good, we wanted him to stay all night that night because we thought he didn't look just too good. But he said no, he had to go the next ~ay to a bank to have some papers signed. Ar.tdhe says,· I have to pick up Mr. ---a couple of men, Mr. Bowe;r ·someplace and some other man, . ) ~ . and go to a bank and have some papers signed.· Did he identify the papers to you? No1 ·he didn't. He said, "I have· to do that.B'efore another ·day goes by." And so he came over to, I guess it was the hospital here in Washington, and they told him._there was nothing the matter with his heart. He went home, and 15 minutes later he was dead . I have no further questions~ Your 'Honor. THE COURT: Any redirect? • t .t.· i • ' ' I ., ·lo t . . . ~ , - i, •• . e '" e .Berty 1{)Q REDIRECT EXAMINATION·BY·MR. TERPUTAC: Q ~ < z . . ~A .J ,.. Ill z Q z Ill Q, i 0 A. 1- CJ ~ :I Ill < 3: ...: u a: 1-Ill 0 .J :5 u 0 :l ., :t' 1-,.. N IIi '· a: Ill 1-a: ~ Q ' a: 1-a: :l 0 u .J < u ii:· II. 0 A Q ,. . .• ' J ' Mrs. Berty, in referrinf,t~ the~ n~~~~r pf 1.~~s f· week1 that •.'( : .,. ~·,, • ....... • -~ f II<,· . -. -" I ·~ ~ .• 'f 1: l ~ t: .. :Anthony Hohmann w.orked prior to his· retirement cii.i~about • ~, 1965, what is your best recollection as to how many days he ~· .• • r • ~. ' • ' ; • ' r• ! j • / worked a w ee.K ?, ~ 1 J f ~~ Five days·: It. was really five days. '( You originally said six days'. I Well, the reason that it had me confused, there was because oftentimes when he was in this truck that he drove, he.wou1d . c.ome to our place, even before he went home. Several times he did that. And so it .was just thE; five days that he worked;, Saturdays and Sundays, why, he liked to E?pend time,a little timE · out on the farm. He would clean up and stuff like that, and comj2 to our house to eat. Now during the days h.e would work, let's say on dayshift, was there.·ever an opportunity that he would come to the house for lunch while he was on duty? I only·remember of one time. It was a short tr,ip, and it seems that he had gone early in the morning and had come back: and he stopped at our house. He still had the truck. I remember jtst the one time. Now Mr. Ridall asked you about 'laundry work that was done for ··· Mr. Anthony Hohmann between 1947 and 1958 before Leo and M ry ~----~-------..-------------~------~--------~--------------~--------------------~·--- A Q • .. , ~ A z < > .J )- Ul z z Ill 0. i 0 1-(!) ~ :I Ul < 3:: ..: u ir. Q 1-Ul 0 .J ~ u 0 ;:) A ., • :t 1-r-Ill . IIi a: Ill Q 1-a: 0 0. Ill a: 1-a: ;:) 0 u .J ~ u ii: II. . ;' ,.::;: a 0 ... ' ( e ' • A Berty 109 cam.e back from California, and I believe you testifie• that it w'a's done on an average of once a month. Am I right about th t? Yes, sir . . Now what would be. your valuation of t~e value of that work, laundry work at once a month? Oh, I would say approximately five or six dollars,_because it was never a whole lot. I mean he would generally have---he w'ould wear one shirt for a couple or three days, ·you know, until it would get pretty dirty. And then so it didn1t run into very much . The laundry, what would the laundry consist .of,mostly person'al clothes?.· No., not overalls or anything like that; just mostly shirts. Occasionally a few towels . . . Now Mr. Ridall also asked you about when Mr. Hohmann made I the statement that he would leave everything, when he passed away, to Leo and to Tom Downey. And Mr. Ridall had asked what do you mean by ¥{hen he said that if they.would·take ~ r I ' •" • ' ~. ' • J f ·"). .• care of me,or something to that effect!' . ·what we're Tom and .. •. ' ~ • "' ~ f f .... Leo supposed to do for him, is what I am trying to get at . Weil, I think that he wanted Tom and.Marilyn to •. giv.e him. ~ ~ t I . ' . . bed and board. At the time, we were not situated to have him 1 •, f l I there steady, to give him a room by himself, because Marilyn ... and ·Tom had adopted thes·e two children, and we were justjnot: ,"'·· • • ~ z <( ~ >-Ill z z Ill ll. I• Q A i Q 0 .... C) z X Ill <( 3: A ,..: u 0: .... Ill 0 ..1 •C u 0 :J ., J: 1-"' til ui 0: Ill 1-0: 0 D.. Ill 0: 1-0: Q ' . ' -~ --~ -------------------------~------ Bertv 110 ·" ' , . .-" t ;!.-' ' . .I , ~ ,, 1 ~ ..... , ~ \ t' 1 .... ~~. .. .• i· . !'"~ ... ,r, It ,.,/:~ ·t! "' ;.·. • $ ,, situated. How about Leo? What was the situation with Leo? What was !.5ep·· t '• supposed' to do for Mr. Hohmann? . ·' . : , J •} • ,, " Weil~ I think the same thing'·applie.d to hiin.' And' ~t ~is "time':· f» • If> I J' 0 f'. .. 7' tl}.ey had their four children. Well, of course, Dennis ~as hi ~ the Army, or in the· Air Force. But they had the other three children at home. .. Of course, in addition to that, on a· couple occasions at least, the Leo Downey1s took care of him in his illness, is that correct? ·Yes, they did. They ha<;I this lar_ge reception----as I said, we used to ca 1 them reception halls. The ~tairway goes up out of .: , . the room. They had (l nice 'couch in there, sofa like, and it was nice and comfortable. 'And it made an adequate bed for him. Thank you very much. :J 0 ~ RECROSS EXAMINATION~ BY MR. RIDALL: <( u ~ Q Mr. Terputac jus't asked.y,ou what Tom and his. wife were to do 0 in return, and you ~aid, "I think he wa~ted Tom and Marilyn t·c give board." . . ,. A Bed and board. Q What do you mean, you think? A Well, that would be my inter:pretation of it. He didntt talk to me about it, because I was not the boss. -------~~----~~~~~~~~~----~--~~-- --------------~-------------------~------~------~-------------------------------- ., ., 'I '· l '. ' "" tt • ~--~ ~ . • t ' ' .•.. { •. ~ ... I ~ I _,. I " .. . ) . ~ ' I . if • Berty ' I ~ -1) ., .• . . f • . • 11 ' 1!_ I' " f ';Ul:' Thatts the answer to my quesfion . ' "~ ' ~ i ' ,. ' . Q THE COURT: an~th ]ng, about bed and board. J ; ,• •' ~ I ' . ' ! . \ ~ r ~ t •• Yes,. I did. I heard him say bed and~board'. But I say I d~dntt hear him say bed and board; you 'understand, 'but that was my. interpret'ation of the fact that I feel he wanted someplace to stay and' someplace to•eat without"paying.any money in. He wanted to bank his money to draw interest. In fact, that's what he talked ab'out several times.· THE ~OURT: In. other words, he want ~d somebody els~ to support· him while he saved his mon~y. '. ·,, Definitely. He even used to try to talk me into it and not sperrl my money. I should. put all my m:oney'in the bank. THE COURT:.· And let somebody t~ke care of you. And let somebody else take car.e of me for: nothing. The answer to 'my question when I asked it before you w er .e interrogated by the Judge was no such statement had been made in your presence by the decede'nt. THE COURT: Did the decedent ever 1 1 ') mention .the words bed and board? :That is the questi m. A Not really. But he said; "You take care of me, Pll take care . of you." What else---what other meaning could you give it? Q So it is your interpretati<~m that you are testifying tq. • . A Yes~ '< ~ z <( > ..J THE COURT: She ts interpret~ng the )o Ill z z Ill ll. words "I'll take care 'of you if you take care of me. " i 0 1-C) Thatts your'interpretation of it. z :t Ill <( 3:: A Yes. I dorlH know how else· it could be interpreted. (Witness excused). ' ,. ·, ALFRED H. LINHART IS CALLED AND-DULY SWORN. ' \. . . .. . ' ' .. . \ .. I"'~: . • " ' ' 'I l ,. ~ DIRECT EXAMINATION BY .MR. TERPUIT'AC: · , Q, What is your name? A Alfred H. Linhart. .... , . '. <' How old are you~ Mr. Linhart? Q ' ' { 4 ,;f., A o7. Q ·Where do you live·? A Turtle Creek, Pennsylvania. Q How long .have· you !know;n Anthony Hohmann? ------.,--------~.----------------------~--~~,-. ~~~~--~------~~----~---~~----- ' I ~ f • ' .. ' ' ·• 11 3 f· ' 'I • ; ' " Linhart -' A Since 19·-"""-when Leq Downey moved nextdoor, that was 19o8. . v l " • I· ·' ~: ,I ; ,.. ~ • ~ ",. ~ .,·'!;. •' • # Did· you know Anthony Hohmann from 19o8.then until' he died if!. Q 1971? A Yes . . . Q And .during that time_, did you know Leq D9w ney? ~ A Z· You mean Leo Downey? I know him· by Jiggs. < > .J Q )>< Ul 'Okay. I think Leo is Jiggs. z z ,. 1&1 a. A i That1s the only thing he 1s ever called. 0 1-~ Q z Jiggs Downey.lived near your house or nextdoor .. :t Ul < A ~ Nextdoor. ...: u Q a: And where did Mr. Anthony. Hohmann live during this period? 1-Ul. • 0 .J A ~ u He was supposed to live in East J;_,ioerty as far as I know . 0 Q :J ., Some miles away, is that right? :t 1-" A N Yes. ui 0: 1&1 Q 1-0: How did you get to meet Anthony Hohmann? 0 . a. 1&1 0: A 1-0: They had to c orne in my drtveway into my yard to bring their .... • :J 0 u furniture and move in. And they, used my, yard yet wh;en they " .J " < u ii: II. can1t get up the driveway that they put iri. 0 Q Did Anthony Hohmann,use your driveway'! ' A He sure did; all the ·time. Q What do you mean by all the time? . How often w~s he,at the Le Downey house? .'A Well, he used to come in and Pd say, "Are.you here again?" He said, "I sure am.:'. I said, "Where did you come froiif?." I • I .Linhart 114 He said, ,·'Over at' .Tom 1s."-He called Tom the Chief. He sa.id, "I was over at the Chief's. II ' . Q How many days a week did yo'u see Anthony Hohmann arrive at t~e . Leo Downey house? • In th_e evenings after I came home from work about. three or fou • times a week. And he always came from Tom1s, he always said. Did you always spend a few minutes talk.ip.g "! ith him? I talked to him all the time. Are you related in any way to Anthony Hohmann or to the ,Downe~1 s,? No, sir~ I am not. ' ., I To your knowledge, why would Anthony Hohmann co:rp.e over to I e visit with the Leo Downey house? I • MR. RIDALL: ' .. !think ,th:H.~~.alls for , .' j , t ; ,,. I . . ' . ... a conclusion, Your Ho~o~: THE COURT:· Not ~ itt~ .t9 his kriow l~dg~. f' .. ~ ,'"~ r i ·u might be a conclusion after we hear the answerz • ~ ' ~ • • ~· ,c I ,. ' • I J I f ' \ -' in which case we will order ·it stricken from the record. I . , ·Well., he came in one day and he came to me and he says, "Linhart~ will you sell me your property? Fll give you $20, 00( . for your property." He says, "I got. a check here. Jfll give you that. weru go have the papers made out and Jill give you $10., 000 cash." And JiggsDowney w'as there. And he said to • ::!: z o( > .J Q • > Ill z z Ill A D. i 0 1-~ z i Ill o( 3: r-: (.) a: 1-Ill 0 .J <( (.) 0 ::J .., :t 1-.... N IIi a: Ill 1-a: 0 D. Ill a: 1-a: ::J 0 u .J <( u ii: II. o· Q A ,. Q A ,Q ·' ·. Linhart .·, I ' ,; ~ f _. I ·• to me~ he says---! asked him~· I says, "Yunc," that's 'the .~' only· thing I knew him by, that1s the vi/ay I was introduced to . ' . him; I didntt know his name was anything else. I didrllt know his real nam·e until after he died. And.! says, "Yunc, what dO)}{OU 0 I i I want my property for?~' He says,· "I won't have so far to go to eat." Did you sell him· your_-property? ' . No, sir, I didn1t. I told him; I says, "\V:ell, I didn1t buy it to sell it." And I says, "I was just offered a few years back another time that much." ·r a.sked him, I says, '"What cl'cry:ou war,t the farm for?" And he says~ "I won't h.ave so far to go to' eat. I 115 .. And he said, "You know •. Jiggs and Tom has been so good to mE, " he says, "If anything happens to me," he says, "I want to get ' papers m8;de out, " he ·says·, "ev.erything I got, " h~ says, "I'm going to will to them. " And he not only said that one time, he'd even come up---my wife, Jld get her out on the back p6r'ch and him and her, he would .sit and talk to her, and he'd tell her the same thing. When he said these things,. was Jiggs Downey ever pre sent? Just the one time when he wanted to buy my prope:dy. I call your attention to about the summer of '68. Do you recall when Mr. Hohmann was' ill? Yes, !do •. And who took care of him during that time? ~------ • ' . I I r' • e -----..~--------------------------------------------------- ~> .. ., A Q ' A Q A ::!: z < > .J >-Ill z z Ill D. A i 0 1- C> ~ X Ill < 3: ..: u 0:: 'I-II). I . 0 ' I .J ::!: u 0 :J -, :t 1-" N IIi 0:: Ill Q 1-0:: 0 D. Ill a: A 1-a: :J 0 Q u .J < u iL II. 0 A Q Linhart llo Jiggs Downey and h'is wife .. In their house ? . ~ ' In their house. Doyou recall that? I went over---- THE COURT: ·What year was t~is, siT? r f) 8. I went over and they were fixing a mattress up on the. ~. -1 floor, and I says, "Well,-I got a cot over under the porch, ',• Fll bring it over. " I went and got that and they put this· double r mattress on the cot after they :had c~eaned it up, got the dirt • .I .. ... '!" ' • ~ '~ ~· ; • • Jo •• : • "f 1 • .. ' • l all cleaned off of it, and they put him, to.bed.there., And~I~··:· told him then, I says, "Boy, you 1re lucky you got so.rp.e'place ... to go," because that man, I believe ,he haa pne~;n9~ia: How many times from 19oo when you first· knew .. qim-7 -:-:r, I-' 1 f .. - Fm sorry. 1o8 to 171, how many times in your presence did he make a statement about giving everything he had to .Jiggs and Tom? Just about every time he1d come.' He was there practically---· he was there anywhere in the evenings nearly every evening, and he always said he carrie from· Tom 1s. . ' Did he say anything to you about whp.t h~ expected from Tom an Jiggs? ' '•· l \' • : 0 L-------------~~--------------------------------------------------------------~- IIi II: Ill I-n: ., 0 A Q ·a. Ill II: ~ Q .:J 0 u _J < u ~ A 0 Q T .in hart 11 7 The only thing he ever said, he never said anything about expecting anything---he said, "They were so good to me, " . he says, "I'm going to leave them everything I got in my Will.' As far as you lknow, did Anthony Hohmann ever pay for anything that]these people m~y have done for him? ·He never paid for anything. As far as you .know. As far as I know. Did he ever tell you he ever paid for anything or offered to ·pay for it? He never said anything, .but when 'I was over there .one.day, . he sajd' this, he says, "You know," he says,· "the stuff that the leave over, they feed to the dog," he s·ays, "that's mine to eat, because they would throw it' out or give it to the dog anywa " And that was what he said .. , .. ~- 4 ' Do you recall if, during this time', any. s pee ial J o' .. '0 • ' • . ' • ' ·, I ' ,I •' ' .. ' . •\. ' . k .., • ' .• '"' d f. l • t ' . ' . . 't I~ • ' -~ l!' (\ J I ~ ... .~I - ' I birthdays or anything were' given· for Mr. Hohrhahn?'' ., " occasions like '1 ... "~ ~ '. I I c ,. No, I don't. • • " (I / ; . You may examine. '/ . . '· ' -· ~ . .. ... ' • ' .. . . -f ' • ~ } " ~ .. . ·' • ~~ .. ' I • ~ z < > .J > . 1/) z z Ill II. i 0 1-C) ~ X 1/) < ~ ..: u II: 1-1/) 0 .J ~ u .e 0 ;) ., :t 1-,... N ui II: Ill 1-II: 0 .a. Ill 'II: 1-II: ;) 0 u .J <. u ii: II. 0 Linhart . ·- -' CROSS EXAMINATION BY MR. RIDALL: ' .. Q I don't think, Mr. Linhart, you ever answered the question on how many· Occasions these statements were made to you by the decedent relative to ,willing his estate to Leo and Tom? A I don't know how many times. He was there so muc):l,. and we .. ' would get' to .talking and he'd bring this up. I wouldn't ask him -1 anything about it. He would brili~ this up.. I always tol,d him, ,. I said, "Are you her_e ~gain?" . ·- Q Can you estimate' over this period from '68 to '71, how many times' he talked to you about this? A I'd say maybe. 30, 40 times. . MR. TERPU'I'.t\'C: Just a minute, Mr • , Ridall. · ·THE COURT: You have to refrain from any outbursts. If_,you 1re going to ·do this, 118 I ., -.. . ~ . you will have to leave. We can't have the place disrubted. A • Q' A A • {addressing spectators) When a man comes for so many years--- ... You have answered my question. sir.· When a man talks and comes and sits down_ and you talk to him and he brings this up t'ime after time--:... • That1s fine. But you have answere? m:y question, You gave m a number,which is what I was looking for. On any of these. t . ··" ... r 'l I • ' ' . ---------------------~---------------- A Q ':A ~ z < > .J >-Ill z z Ill 0. i 0 1-C) z i: Ill < 3: ...: u Q A Q A Q ' "' ' occasions was Tom present? No., sir, he never was. . 0n any of these occasions, was . No . On any of these occasions, was ., ever present? Just one. ·On any of these. occasions, was " .. No, sir. ' .. Thank you. That's all I have. Tom ~s; wife ever present? '· Leo, you know him as Jiggs, . Jiggs 1 wife present? ' .. ' '' ~ .. ~ MR. TERPUTA<::Y:: ·' That's all, M:r: .. Linhart. 'Thank you. Ill 0 .J .., J: 1-,... N ui a: Ill 1-: a: 0 0. Ill a: 1-a: :::> 0 u .J < u iL 1.1. 0· break;? THE COURT: '' . ' ., . 0 '· ~ I Your.· Honor, coul.d we have a five-minute ' ( r-\ --•J ' -.:. ~ _.. i, -/ .. ·'"we .w ip ha v~'(a' te,n; miiiute r.ec ess;. -" I ~ & • • .,. ..... -I ' t: • ' : t -~ R E · C E s: S ., ' • ~ t { "~ it f . ~ r ' 1 ., ' \ • -t: ~ • ~. <r • .. . 11 Q. • • ' I ' ' --------u~------:---------.,,------------------------------,----,--...,-,---.-----,-- . .. ' .. , Dennis :bow ney · DENNIS L. ·.DOWNEY IS CAL~~DAND DULY SWORN. j- DIRECT EXAMINATION BY MR. TERPUTAC: ·, Q A Q '<( z < A· > .J >-Ill z z 1&1 D. i 0 1-, .. C) ' ?:~A :X:' Ill <" 3: Q r: I , l.l a: A 1-Ill 0 '.J· Q· < ' ' l.l ., 0 ::l A ., :r 1-.... N Q ui a: 1&1 A 1-a: 0 D. 111 a: Q .I-a: ::l 0 u .J ~ u ii: ll. 0 A Q ·A ' Q A What is your name? DenniS L. Do_w ney. ,. Whb are your mother and father, Dennis·? ·· . Mary and Lee'Dowt}~Y· THE COURT: Is it Leo or Lee? I· "Leo ... . How old are·ypu? 31. •, · Wher·e do you live? 208 Dolomite Drive, Monroevill,e. Are you presently. married? Yes, sir. Now I call your attentiq~ to on or about 1958, from. the time your paret).tS moved from California to Pennsylvania. Do you recall that? Yes. And how old were you? Right around Hi, 17. . Now did you live with your mother and father, ,~ .. f 1 .. -r " . • ·-_ ; 1 ~ / f Downey,. ff'o~ 1958jo;.~9o2"?· ..• ·,: "·;!. /;Fr:,,~,. Yes, sir. ., \.. ~· ' ·, r ... . '· '· . \ ~" .,.- f" .I •; •·F t... ~ !_ '! ... • / I I Mr. and Mrs. LEo ' ' ' ' '! ., .• 1 ') (\ ... j Q" A Q ·A e Q ~ A .. z < > .J >-Q Cl) z z Ill a. i 0 ... C> A z :t Cl) < 3: Q .,.: u A II: ... ·CII e 0 .J Q ~ u 0 :::> A .., :t 1-I' N ·Q· ai II: Ill A . ... II: 0 a. Ill ' II: Q ... II: :::> 0 u .J, < ; u ·A ii: II. 0 e Q A· Q A Dennis Downey And in 1962, )V hat did you do? I went in the service, February, 162. You were in what branch? Air Force. For how many years? Eight. Now, Dennis, first of all, let1s go to the period 1958 to 1962/ Now for a couple years, were you still in high school? Yes, two years. After that, did you get a job or what? Yeah. I worked three or four, five different kinds of jobs. , Then you ~et1t.~nt6, the service. -~ ' ·,~'~~ ... ·. ; ·, r ; . ~ ' •.. f f I. •'.~~~; ·, ,' .. ~.~. R . ht { r ~ • " 1g o \.:!',· '., • , I , • f ( ; ••.,.' . •• f ,. I · - . ;,. • -~ From 1958 to 1962, do you remember Anthony Hohmann? ,, ''. M' '{ 4 -... . . Now did you live regularly a~ your .m?t,her's arid f8;ther 1s place r ,. ., , ~ during this four-year period Yes, I did. And did Anthony Hohmann come to your place? All the t_ime, morning, noon and night. It didn1t matter what,he was always there. Let1s try to be more specific . To your best recollection, how often a week did Anthony Hohmann come to the house? ', r Pd say at least four tinies3 a week, sometimes a lot more. 121 I> 0 Dennis Downey 122 ,-.. . Q Now at this time,he was working, was he not? ,. A Let's see, this is what, 1958? ~ Yes. A . Yes, sir, he did work then . Q Do you recall, if you remember; .was it daytur.nor what kind·· ,, of shift did he have·? A Dayturn, niostly. ' Q When was it mostly that he would. come to ,your mother and dad1 ~ house.? A Well, mostly it was in the evenings. Bt.;~t he drove a truck, you .f .t \, f .. know, and if he was in the neighborhood or anything, he could • ' ' • 'I •· I . . -. . ; • • I . .. 4 • I •.•• ~ ~ •• "":< 4 • ,. f I '#I r.· .... ~!I > , ' ' ,i f ~ ·-1· ~. ~t :·1: .... ~ 11, ,1'" .. ~:t,-Tr~ij· .... ~··· ~·.~· .. '..".r·· like---if it was riglit around lunch time, it didn't have' to be .f. ..... ' I \ lunch time, it could be any time,·· he1d drive by, he'd stop by . -~ ~ . . .., ~ ( • I ,. ' .~I -:. f' , ~ 't I .-# and he1d get his eats. Most of'the -time it was in the evenings mostly, and on weekends. ~ ..._ , i-~· ~ > I And' tlie, we·e·~en~s it'could be any~im =. ' Q Now let1s refer to the weekends. To your best recollection, about when would he arrive? A Usually early in the morning he!d get there. And this is when we lived in Mt. Lebanon, he1d come early in the morning. He might go to my Uncle Toni's first and come down there, or he might come to our house and go up to Tom's next. We both liv d pretty close then. He1d eat his breakfaE?t or whatever, and then he'd go to the farm. He might spend four· or four hours out the farm, then he'd come back and do the same thing. He 1d go . '· Q A .. • Q ~ z < > .J )' Ill z z 1&1 D. ;A i 0 ... ~ ~ :r Ill < . 3: ...: u ii: ... Ill 0 . .J ~ u 0 ::> ' ., X 1-,... N ui 0: 1&1 ... ' 0: 0 D. 1&1 0: ... 0: ::> 0 u .J < u ii: ... o. ' ' Q A .:, 1?~ '· ~o Tom1s· house a'nd come down there. This was a regular rout'ne., . ' ' all the time. •' He was a bachelor, is that right? · . ' Yes, sir. If you can remembe'r, when he w'as there, that is Anthony Hohm~nn, when he was there at your mother and' dad's place,. how many meals .a day· or week would he take· there? '. . He could eat a couple meals in a r.eal short period, you kriow. Everyl:l.0idy3, you know, ain't trying to make no big joke out of it, but it was a·family joke how he could eat. You could ask anybod in this Courtroom, he could spend four or; five hours, he might go through two or three meals in that time, because he 1d have his. supper, then he1d eat. his snacks. And holiday meals and his birthdays, they were usually at our plac·e. And one Thanksgivin he ate Thanksgiving at my Uncle Tom's·. he came down our place and ate Thanksgiving there f()o. You could have pie, my mpm used to make two or three different pies, ::.yo:u know, for: desser .. And sh~'d say---we used to call him Gunk, we 1d say, "Gunk, .1 ,(, the guy was. t / ~ ... :~. -:. "' / ..... , •. ~ . ; I .{I II" '•; .' ,' /.# ' . . . ~ -.. ' t '-,.I· •• evenings someti'm'es for television and Would h~ stay in the soforth? ''}"··~ r·~ t'j~r;~~ .. ~'\·'~1"- .._ '-$ 1,. .. · ~ '"' t "'" ~ ·~ .i~ ' Yes. all the time. You had to watch his programs and that was it. ' L__-----~--'-'-------------------------------------·--· -, --------~----~----------------------~-------------------------------=~~.--------------~~------ ,. Dennis. Downey 124 If you didn't watch his programs, he'd sit there· and pout 'about it or he 1d get mad and jump in the car and leave. : Q If he left, where would he go to? A' 'Tom1s. I Q Your Uncle Tom's. < A z Yes. < • > .J >-Ul ' z z ' Ill THE COURT: He'd eat up at Tom's too D. i ; I' .. l ~ t, He'd eat every;vyrhere. · ; ., ~ '' · · '•. : • 1• ·-' .'· "' l .ol • ;tj -:1 • Jll 4) ... , , ~ :~ ... ~ --f' '.· ~ : :}>, ... ·... t~ t ,I ~-· .4 ( ..i'J:. ~·t.:··)( 'f•t,, ~t Dennis, was this a rather routine ·situation from' 1958 to 1962? 0 1- C1 A !: :I: Ul < 3: Q ...: U·' a: A 1-Ul 0 •.J Q < .. Yes, sir. 1 II ~ :1 ~- ( i~l. 'I • _,. ,..l: ~r; ~~ ,·!'-<# ' Now· when you were in the s ~r.vic e for eight years, how often u 0 :J .., did you get home? :t 1-·1'-N.A Well, when I first went in I was. stationed down in Virginia and ui a: Ill 1-a: I 'used to come home about ebery other weekend, once every twc 0 D. Ill a: weeks. 1-a: :J 0 Q u .J Was Mr. Hohmann there? . < u A ii: 11. Every weekend. 0 Q Was he getting his meals from. mother and dad? A He .s.ure was. Q Now during this whole period, ever sine e you· people got back ' from California,_ 1958, dowyrnto the time he died, did you ever know of any occasion where he ever paid anything to your mothE!' and dad for the meals or for taking care of him or anything? L_ ______________ 2L--------------------------------------------------------------------------- ·' ;: ·e '' '< ' .. .... ~, ~ l ' ' , ''I Dennis Dow ne'v-' · · '····. ' ··r ·' A · ··~ Never~~(· · .f ,. Q. •. . ·. Are y-ou awa~.e h1a't on two occasio.ns your inotner-~articularly t .. . • ' ~ • . -• . -.· • ~ z < ·> .J A ~ Q z ·ffi a. A i 0 1- ' ' ~ < ~- ~ z Q' X Ul < :S:· r: .. u a: A 1-!!!. c ~-Q u c ':I ., ~-~ ,.., N A ui 0: Ill 1-0: . ' . ·0 0.. Ill ·~ ' a:. 1-,0: •:I 0 u Q .. , . .J < u ' . ~ A , 0 '. c~4-. , 1 I ·~ ~ i• , ~ "i' ~ "'•· took-care of him w~~n-he was s'ick in 1968; 1_9?0 .? · . ;• . ~"'~ In 168 .I was iri the se'rvic·e :. I was overseas, then, I think. But .: ... ' . . .. -' ,.. . ._~ :in '70, 'l was "t~ere:;then: I'wasn 1~t living_at.hq_nie.' i was out' in • ' •• I( . ,,. ' ;;, . ¥ • • ' ,, . ' ~ • . ~ ., Monroevl.ile, _ ~~t Lwas co~·fng down the ,hou~e all the time. ):o\1· knew he ·was. there in 19 70 anyhow. ,-/' I, • ; ,'•• Yes. ,. fo your .knowie'dg'e,, -was ever a pe!1'ny paid by: him for those '• services· an<;f soforth to yo~r.motl}~r and d_ad? Nq, sir. '. .. .. ~ "' .. Did you_e·v~:r:-have o_ccasion ~o. go up .to.the fa·rm to help out up~ ~ ~ ' Mr. :H:op.~ann's f~rm,at Hickoty.?'; _ , l 1 • • ~ Iwei).t out there. I never. h€dp.ed. b1..1t-·w ~th· anytl}i~g. I think my I ..... \• '\ , , <it dad took som'e lumber: and stuff out for.hl.m . .' .J went out with ~ 't ' • ~ "' ... him that time. That wa~ about t~e on,ly~(i.:rn'e I went~ut th,e;~. ' ~ . 'l' ..:'r.. -~ ... _tf' . ,. . . .. . ,l ... t Did yo¥ur~da~ ~cca_sional~y. g<;>.~ou.t· a:t.~other ~'i:m:es but at the farm ,.· I ' .. ~ ~--.~ ' ~·-. l ;-. 4• 't-11• • ' \_, il, ·-. I f " ;· . . ~. ~ ..... ~ ,,., ~ " f t ,I .l.f" ,T ~ t" ,.t' a '~t" / t o\ " i'J.' !!~' ~ il( l ' a. f • , I , j ! J , ~~ ·~ / ·' .fii~-~ ,I"': ., " ---: $ ,., ~ l ~.~ 'M,.t·l, ,~ .,. ,-t~, ~ .. ' , ~ ·~··. J I ~ .· Anytime ~he rreeded s~mething to ·hau1, rriy' dcid ·h.ad dump tru~ks, . j I 125 I, ., like i~ciber 'or anything~h;e~~c\mld get, he''d1,come to my dad to. haul • ~ • . $;• '• l· '· •.·. ·t .,} ' ~ ' ,. r \ J -'; , 1!'·!· : , ~-·. J., ". ,~ I ,_ f';~,. ~ it out there. ~. ' ·-~ f . ,·•. i· ' · '. ~ "" ' ; I! , • ~ • 't ~.~ ~-· ~ -lJJ., Q You. say he told your d~d. ~~Who do 'you m.~Jan, :he? A ··Uncle Andy, Gunk;.· Q ·How abot.U•~ you~F Uncle Tom? To your ·knowledge, did· he eve!' gc A Q I. ' ., ::!: z < > .J . > Ill z z Ill Q. A i 0 .... ~ ~ J: Ul < ~ ~ () 0:: .... Ill Ci .J < () • 0 :J , . .., :t 1-"' N ' ui 0:: Ill .... 0:: 0 0.. ' Ill 0:: . .... 0:: :J 0 u .J < () ii: Ll. 0 Q A Q --------c---------------------------------,,-------,------ ,, 12n out to the farm? i was. never out there when he was there, but from what I heard he was out. there working pretty regular. Now during this entire period, Dennis, were you ever present when Uncle Andy or Mr. Hohmanri made any statement about . -. what h·e·would do or to whom he would leave his property or his goods . .. ; .... irl : .. i ;. ! f~ ' f was right around---it was in the ~winter of '70 sometime. We We s " :. r • • • ~ ~' i .r~·;. ~ I" :·lpj -. ~ ~ ._ I~ 'working on his truck and thik was outs ide. We~ didn1t have a l . [.:' • -~ I; '' .. • ~~ garage or anything. And we'd been·.worKing and ~he'd come overand talk to us while we was working there. So it was real< old, you know, down around freezing, and all that. We went in the house to get a cup of coffee and when we went inside, he saidN;le 1t shouldn1t be·working outside -like this in the winter. We said, '.'What are yougo.ing·to do? You have to work. You don't have a • garage. Tha~1 s what. you've got to do." That's when he brough this up about well, you know, some day, you hnow, when he was gone, he.was going to leave his estate to my mom and dad, yo'u kpow. They might be able to put up a garage or something like this. That was the only time Pd ever heard anything. That is the only time you ever heard it? Yes. Did you ever hear Anthony Hohmann say what he expected in ----------------.-.------------:c----------------------,---,-------------.-------. . Dennis Downey return for leaving anything. to anybody·? ' A Well, he-never came right out and _told me, but you knew ·w.hp.t he expe'cted. He wanted his food arid ev~rything else. ~--He never told me what he expected, but this _was just taken for granted; • that's what you figured. .I ' :~ .... :, < zQ < Did your dad ever help fix an'y of his 'equipment, that is Mr. > ..J >-en z Hohmann's equipment? z Ill D. . i A All hi's cars, he had a couple lawn rriow ers. out there, a~ything 0 ... CJ ~ ::t that n:eeded worked on, he always brought cars or anything en < 3: like that needed work o~, he brought up to the house and me .and ~ u ir ... en my dad always worhed on. Cl ~Q u Was any compensation ever paid }or any of that work? Cl ~A X No. In fa~t, my dad' got him a case of antifreeze one time~ this 1-,.. N ui a: Ill ... a: •0 jr ... "is whil~-w~:.was working dn his t.hings, he t6ot!the cas~ of ~·· " t' / •. ' t" : .. , I . ,I• -1-~ <:> • + • '"'! :• ~ ott~,·,~. ~ 'f / r~ } ~ ; ~ . ' /" . . -T . -t • . • . • . • ,, ~ ..... I t t ' l J • .' • t ,• antifre'e'ze -~n'd neV~r· -~;_;:en-~.paict_.:rdf the ~tease ·of1a-ntifrebze ne Oid 0.. Ill a: ... a: ::> 0 ~Q take. ,, ' ;,\f .... -: I ; : f•)*ltJ, 1-". ~ ~ -t t I ,, t ' 4 Now you got out of the-service inwhat'Y,ear? < u ~A 0 f ' t" .. t ,· r·~ ·\. 'r' t· ,., .... _ .. l .1970, February of 1970:,.·~~·.: ..,._ -~ . t · : •. Q Where did you live after that when you got out? A - I stayed at home at my momrs and dad1s 'for six or seven month~ . Q · ';['hen where did you go? ' . ' A I moved up on Monroeville Road, foun9 an apartment up there. 1 ••. ~ Q Did you have occasion to visit your mother and dad's place durir g this time? ------------------------------;-----------------.,-----:---- Dennis Downey ·. A Well, I was living there for six or seven months. .Q . In addition to that. A Afger I moved, you mean? Q e. A Yes. '· Yes. . $ ~· • • 1' ... of t •' . -.1 J>• -.... ~ .Ji ' ' -~~ • + • .11" ~ ,. ' '-t< ' ' ' . . ~ If ,.. ., .. , . . . . .,. . ~~ j • F,-4 p .... • I 0:, ' ~ t "'". t f ~ ~ -1 • Jt . ~. t Iwas·only a·mil'e away'.· Weu·sed to go·down'the·re everyrigh~ ~ z , maybe every .~ther ·night. <( > .J ... t -~ ~ • ' ,( ' ' ... >-Q (/) ( .... Who is we? z z Ill D. A i 0 .... t!) Q ~ So it's your testimony that you had gone everynight or maybe J: (/) <( ::: every, other night or something like that with some frequency to ...: u 0:: . .... your mother's and dadJs place. Is that right? ' (/) e 0 .J A <( '• u Yes. At'least Pd go down there at least four times a week. 0 :J Q .., How often would you see Uncle Andy there? :t ' . 1-.... N A ' . Very ·seldom when !went there that he wasn't there. ui 0:: Ill Q .... 0:: . 'what was he doing there? .. 0 D. Ill 0:: A .... ·Eating, mostly. 0:: :J 8 Q .J • I call your attention to a couple years ago in April, regarding <( u ii: LL· a check that Uncle Andy had. Will you tell the Court about tha 0 e occasion? .We was working c;on:tthe.· truck ~gain. And.we'd gone over the hcuse again for a cup of coffee and I think my sister was there too . r We was in the kitchen and he asked my sister, he says, "Did you ever see $15~ 000.00?" And she says, "No." And he had ,. .~ . Dennis Downey '130 . this check or some kind of rrioney order or som.ething for · $}·5, 000.00. And he told her, he says, "Well, 11 he say's, . ... ,"maybe some day yoU,'ll,b.e a,ble;to.'spend so.me of this .. "' ' ~ "' 't Q Did he say who the check was goiqg t~ .go to?· e, ', . · Well, he said, you know., that this was-..:-r·don1t.know how it was, ~ but it came around that it was going to be---l ~igure'd it was: z < > ..1 >-U) z you know, going to be ~o my dad and them. He s·aid ·to _my ~ ' ,• t, '•. '\ '. .. ... ' z 1&1 D. i siste'r, "Yo~ might have' a chance to spend1some of this some dey. II : 0 1- (!) Q z About what year did this occur? .• X U) the : , . ·· ,,. · < A 3: It had 'to be. in/early .P~rt .. of 1970· sometime.·. ..: u Q ii: ~ 't -. ~ Was it after you came back from·'the service? 1-U) e c ..1 A ~ u c Q :l' .., J: f- Yes. It was after I got out of the is ervic·e. . 'i~• : -1 "•\ t . .-: f. ... ' . s. i ~ Now•was ~there another occasion .. whEm .)he, had another check? ' * t •· ~ ~ ·.1, I'/ '' ( "'•f •If Jt. ~~' ' • I~ 0 I'~ t • ., ../ ~:.r. ~ .. r ~ t ,__. ~ . . ..,. •· '"""' ·" ""~ ,,j. ~. ~ , •. -'~ ;.-t~. ~ • 1 \. • ' ~-"' • " , • "' A Ill He had a $10, 000. QO check CJ.fter. that. I guess a couple months ui a: 1&1 1- ·' a: 0 0.. ~ 1t,. 'J, -, ' .. . after that or a month .8:ft.~; .-t~at o~ :so·~·. ~e:~~d a $10, 000. 00 check. I "'~ • ',_-~~.., I 1&1 Q a: 1-a: :l 0 A u What did he say about that one? -., i I ,..., r t •• t' ~ ""i" • .. ~( Itt "" t.!it ' ~ •. , .. • f ~ l Sort of---1 dontt remember wordfor word---it,was sort of on ..1 < ' u iL . Ll. ' the same line~ maybe som,e day you'll get some of t0-is 1 or somF>thing. 0 e THE COURT: Who did he exhibit that check to? • 0 • ,. A He showed the $10, 000.00 one to me and the $15, 000.00 one, me and my sister and Mom and Dad and all of us were in the kitchen. The $10, 000.00 one, 1 dontt remember if anybody els IL..,_ ____ ___;____.J!_;,_ _ _;,_ __________________________ ___l_,_,_, . ·Dennis. Downey 131 ' was there. I know me and my dad were there, but I donrt remetnber if anybody else w~s around at the time then. < ' ' • ,/ I ~ J.' t' You may exar11me .• , / '" ;/;~•r "~>. , • l • #' CROSS EXAMINATION BY MR. RIDALL: IIi a: Q A Q A Q ~ Q a: 0 Q. w a:. A ... a: ::l 0 u ..1 < u ii: u. 0 Q A Q The years 1958 to 1962, Mr. Downey, you were living at home. Yes., sir. On a full-time basis? Yes. During'that period, how many meals·a week was Uncle Anthony taking at yo_ur house? ,. '58to 1Ei2? Yes~ during that period. Well~ I'd say on the'weekends, he 1d eat an average---he was th~=>re ' ·~ almost every weekend. You could just about bet on it. Jld say I • • an average of twomeals a day there on the weekends. And during the 'week he might come around, I'd say two nights during the week and he aver;3.ged his supper meal and then . . · the snacks afterwards. '1 hi~ would ,be true all during that four-year P.eriod? Right. You testified this statement made by Mr~ Hohmann tq you abou l '. I I ' I A Q e A ~ z < > .J >-Q Ill z z 1&1 D. A i 0 'I- C) Q ~ :t Ill < ::: A ,_: I u 0: Q 1-Ill e c .J < u 0 l :J . ., ' :t 1-" N A •IIi lr 1&1 Q 1-lr 0 D. Ill a: A 1-)" lr :J 0 u .J < u ii: Q -II. 0 e A -----------------------------------~----------------------.---~-- ne nn is now nev . some day when he was gone1 that the estate w'ould be left to your mother and dad. That was wheh he said you 1d be able to put up a garage. Was anyone else present when that statement was made toyou? ' I think that was just me ~nd my daa when we was working on the truck down there. Wash1t the statement made to you by Anth~ny Hohm_ann? · ,Yes, sir. ,. Was anyone .else present? ·I said ¥1e p.nd my dad. Thays when·we :vas YJOrk~ng on the truck. ~ j4 tit it , J .t.. ~ # .. J 1· s. t'" 'Did he say anything a·bout'-:--when h'e was talking,about leaving ; I,.... • { l~ I I .. ' •' _. ' 'I -.-~ ,£ t _..,I . + ~ ""~" r_.. ' i / ,t • ' " ..-. . ~ ,,.. r~~ ~ ': <f' (~~., ~.~·! _.,. · f..,· , .Ill .-.l .. ~ .-~--r ~ ·'~~~ .·~··-;, ~ •. ,• r , f; ' .., the estate tto:your mother and" father---did he say anything about . ;· _ ... .. ·i~ 1{./ ...... t1 ~~ leaving the estate to Uncl'e Tom?_. 1 • ,1·-· • 1 1-t• <f ~ J /. •f .~f .. • ~ I 1 "'' ;~ Yes. He always include~ my Ul}cl~ •.. _. : f~ . ." ; f ...... J ,;.1 ' ' I:,. , ' You didn1t testify to thaL ' He said Tom and Marilyn, because he 'always called my. dad a~d Tom the boys. 'i ' What did he say then? Well, whenever he· sa'id tli~sj that was when we was working on the truck, and we went in.the kitchen and he says, "Well, :rnayb~. some day you1ll be able to build a ·garage,·" you know. And he . ' . said that he was going to leave the stuff-~-:well, he said the boys; my mom and dad and Tom and Marilyn. And that1s when he said,. "Maybe some day youill be able t~ put up a garage, " o e ~ z c( > .J )o Ill z z Ill II. i 0 ... (.? z x Ill c( 3':: ...: u a: ... Ill e c .J c( u c :;) -, :t ... " N tti a: Ill ... a: 0 a. Ill a: ... a: :;) 0 u .J < u ii: 1.1. 0 e ~-. T)pnni~ nownev ' ' s orne thing ;f .. ~ 't • ,' l J r. I have no furth,er queseions. Q "',.•. •', ~ (Witness. excused). iii Jl~ ( 1l ., '/., 1., "' ,"1 • 't .tl \. :.: 4 t* 1~ . ,. . .. ... J : • ..,_ ., ... ' ... ~ t-,. I • 'I . ~ /"il . ·"·-. I • f t '·· BART CERCIELLO IS CALLED AND DULY SWORN. DIRECT EXAMINATION BY MR. TERPUTAC: Q What is your name, please? A Bart Cerciello . Q Where do you reside? A Br~dgeville. Q' How old are you? A 40. Q What is your business? A I work for the Department of Healtp, Allegheny County. Q Now; Mr. Cerci'ello, from what period of time did you' know the decedent, Anthony Hohmann? A I met him around summer of 19ol. Q And for what period of time wouldyou see him off and on?· .; !• A Up to about 1965. Q And where would you see him?·. 't~ . ', '$. I .~· 1 . ~ .... '• A Usually. down at Tom1s shop., which was nextto>mine at that time. . Q I ! A ' I Q ' A • Q !!: z A o( > .J >-Ill Q z z ·w II. i A . ' • 0 • 1-Cl . z ... x .Ill o( ~ ~ u a: A 1-Ill e 0 .J o( u 0 :J .., J: 1-,... N ui a: ~· a: A 0 II. ' 1&1 a: .. 1-a: :J 0 () ...1 Q o( () ii:' II. 0 e A ·Q. A Q 1\ Did you.have.a little business of your own at tha"t'time? · . , .. . ' Yes. What kind? I had an auto body shop. Did you work at that regularly every working d?-Y? That1s·right. , . . . How did you become acquainted' with An.thony Hohmann? Andy, 7I,kriew him as Andy: he used to stop d,qw·n to see Tom. ·. ' r.t. ,., ~ . ~so""(''!.. ~~ 1! .• ~ -~~~.' ,It;·-. ' ·,' . ... .. fr { } , .. • .. "' . r. if .""·~ t.. "' <. : J~,f" t . \ " ,..... \ f ' .·:! l'.!'f/ .. " { ... ,~ • • )'. • . H." ~ 1, •.• • " THE COURT: i ' . . <''; • . 1-i -Tom Downey. 'I ·) ,..... 'I~ "'l • shop. l ,,1 ~·t,~""" (-.• I ~ ~ f' l • .. Tom Downey had a shop next to mine. It was a washing machinE repair;· ' . How often did' Mr. Holimann'come down to see Tom Downey down at his shop? .. ,/ ' Well, I wouldn1t know. I couldn1t·_say qow many times. It ·was often enough,that I got to know him: What did they do down there? Just bull sessions mostly. Did you ever see Mr.· Hohmann .·eat at Tom Downey's home? 134 Q A • Q < z A < > .J )> Ill z Q z Ill ll. i 0 1-(.? ~ A J: {I) < s: Q ...: 0 0:: 1-Ill a .J ~ A 0 0 :l ., Q J: 1-" Ill A ui 0:: Ill 1-0:: Q 0 D.. Ill 0:: ·I-A 0:: :l 0 0 .J < 0 ii: II. 0 e. Q A Q A Q A \ • .r ., ' : .... .... ":.I~.: /;.II' i' .._ .... ~-·~ . ' . ~:'" J .1-~ .Jr~.;.? ; . ~ ... : ..... ".:~ .... "•\ • f . ' • ! , • IF' ' ~ I ' -t.:, ~· Do you know if Tom Downey' did apy wqrkffo.r·'~is. uncle, that .. • . -if'• I·'. .. f 1.. ' .• is Mr .• Hohmann? "4" • t •• : ~ Well, I don 1t know. I can't say for sure. Other than I know that Tom went up' to the farm and helped him . Were you eyer out at th~ farm, by the way? No. Can you tell us the incident~; about the dog, Mr. Cerciello? Do you recall that occasion? ·The dog1s name was Penny. . . What are you referring to? I don1t understand. Well, apparently, Mr. Hohmann:--: .,.-Tom Downey had a dog .. named Penny. De;> you recall that? Yes. Do you recall' Mr. Hohmann wanted the dog for company? ·I recall they took it·out to the farm. :Andy was supposed to •.... That 1s right. Andy was supposed to take care of the dog, but· t ·; ... I .t • 135 '·he didn1t. Tom had to go.out almost everynight to take care of that ., dog. ·· .. Where was this dog at now? It was.out at the farm in Hickory. . . . With Mr. Hohmann. . . It ;was out at the farm at Hickory. I was never out at the farm Did Tom Downey finally take the dog back? ' . Yes, he did .... · ., ' Cerciello • 1 ') L' ,. ·I / Q I When he took the dog back, where did he 1eep him then;· if ·. you remember? A He did .keep him dow.n the shop for awhile. He kept him up at thE house . I don1t know which was first, up the shop or the house • Q Did you have occasions to talk to Mr. Hohmann either in the ·~ z presence of Tom Downey o:r-jus( by yourself? < > ' .. .J >-Ul A Always in the presence of Tom Downey. I don1t think I ever z z 1&1 ll. i had any conversatio~ with him l?Y myself. I had no reason to. · ' 0 1-t!) ~ :J: Q To your best recollection, what if a.nyth~~g did Mr. Hohmann sa~ Ul . ..,. . < ~ ,. fu__;:.yoyrqvresence about what ~e would do with his estate or his ..: u 0:: 1- . ' property?. Ul c .J A ~ u e. Well, on a.nuinber of.occasions during the sessions, these bull c ' :J ... :t ... I' N ai , . ' session.s1 someth~~g would com.~;up about the far~: .. And Ihe.,'.al~ ays ~ .. ,. ., I .,. ~ ~·~ , ,{ . ' . J ;.,' ..s ( 6 I -~---• f '.. '& • ' '" , 1 • ~ said to Toin that.,w heheyer J1,~ g<?ne, yol;l·~can.dc;> 'w hatey~rfyqu ~ant. .~"" 1 • ; ~·· ~ • •. • . 0:: 1&1 1-0:: with the farm.. So I heard it. enough times that I really thought 1 0 • Q. 1&1 0:: 1-0:: . .. ,. -~-.. . ' I'• he· was going to leave· him the farm·.1 , f • • r . . . ~ ' <·~l ... ',._ f' • ;{ :J 0 Q u ' .J . <' Did he say this about just Tom or his. brother or just who did h1 say .. :. ti-~ .. * ~ J' .;.f • $ , ~ I f ~ •· ~:, t t ~ ., ; ~~ .. u ii: _..LL 0 it about?· ' A I can1t honestly say (recall·him saying anytl}ing about· Jiggs. !.remember Tom: Jive seen Jiims down there, which is Leo .. · Downey o I saw him maybe---not too often. I wasn1t there that -often that I· saw him o Q How many timES did you hear Mr. Hohmann say this about leav ng L-----------~------------------------------~--------------------------- • ~ z o( ~ )o Ul z z 1&1 a. i 0 1- A ~ A :t Ul ~ Q ...: u it: 1-!!! 0 .J A ' o( u 0 . ~ Q' :t I-" --~ A ui a: 1&1 1-a: 0 Q. 1&1 a: 1-a: :J 0 u .J o( u ii: II. 0 A A . ' .. ~· ' Cerciello his pro pe.r ty ? I'd say it w<;ts a period_ of approximat~ly five years, in that period? I'd say maybe' two· or three times ?-year on different occasions. 1 can't really .s.~y tha.t w~s it. But I heard it enough timES that I. believed, it; , .. -137' , ....... .....~ J!.., l . -/t · .. THE COURT:· ~ TwiO:oor_:_: th.i-e.ec· times a ye r • ; .. ' : /.f ' -r t ) ·~~· . J f -. , ~ • ~ t r ~ • '~ II. ' • .+ J .,. •Itt .. v .... __ "· '·-., .• ''. ~ ,. t ~ l . . . . ~ . ~ ,.... ,. ... Ji"!_ .,4,. (,. ·-It ... ~• .. ~ i t \, ., .. ' , for fiv{years'?. · -~ · -·~ -· · • ,_. · • ·· '· ~· Yes. Docyousnec.a11 ·.what,c-M:r t~lii~ohmann said, ··1if he did, what he expec ed , p.· j;" ~-·/!! ~ "~.'rr ~ ~} ill return for this?- '. -No, I can't honestly sa:y: that 1 remember him saying that. _You ~an1 t recall him ~aying anything? , I was n1t tla t interesJed, 'other than ·I would 'be .there and this wo ld. ' come up about. the farm.· And act'ually, I -heard' this about the farm so·many· times, I actually believed it. THE COURT: Who did he say he was gc ing to leave the property to?· Tom powney. THE COURT: He didri1t mention.Leo? I don1t recalL . ' I i' I ' . '' ,, .I ' ', • :: z < > .:J >-Ul z z Ill ll. i 0 t-(!) z i •' Ul r< ,3: t-:' u 0:: t-Ul ·e 0 -' :: u 0 . ::l ., :t 1-I' (II ui 0:: Ill t-0:: 0 D.. Ill 0:: • t-0: ::l 0 u -' \~ l).!~ I ~·'I '.,,11·. ·~~i/< ' Cerciello ,. I' ' . ' CROSS EXAMINATION BY MR. RIDALI:-: Q Are' you a good friend of· Tom!s .. ? A . Yes1 I am . Q Now, as ·well as back in tlie years you testified to?. A . Like I s~y, !'met T.om when I mqved my spop. Tom originally • ~ • ]a ~. '':. ·was there at this spot. I moved my shp]l)t in there in 'til, I .believe it was the ,summeT:'::dL H>l. We got to be good friends. Q ';('he, friendship has continued, I take it. A Yes. Q Is your shop still s;iclealDyS'side ?·· A No. l:im out of the business now. Q 'Thave rio further ques.tioris. (Witness,. excused) . '' •' MARGARET JANE WARD IS CALLED AND DULY SWORN. DIRECT EXAMINATION BY MR. TERPUATC: Q ·What is your name? ,, A .. Margaret Jane Ward. ', ' . Q . , Is that Mrs. Ward? . . ' ·, .-A Yes. ,, Q How old areyou, Mrs. w'ard? .. , . A 39. ' ' . ' , . ·' : ' ,, 138 I I I Q A Q A • Q ~ z < > ~ )< Ul A z z 1&1 D. i Q 0 1- C> ~ A :I: Ul .< ~ ...: u a: 1-Q Ul e 0 ~ < u 0 :J ..., A :t .. ,... N Q ui a: 1&1 1-a: A 0 D. 1&1 Q a: 1-a: :J 0 u A ~ < u ii: II. Q ~ 0 e A Q A Q A Q I ~ ,._} i,. t . ;) Ward Where do you live?' .< McClane Farm Road. Washington, Pa.? Yes. • ! .I ~ ' Are you related to either·Leo Downey and his wife or Tom Dowr ey and his wife? Tom Do:vney and his·wife; Marilyn. •. How' are you related tc;> Marl.lyn ?' I'm her first cousin. Her mother and.:rriy dad were brother and sister . Now,. Mrs. Ward, you lived for a period o~ time in ;the 19501s w'ith Mr. and Mrs. Tom Downey~ is that right.? Tha t 1s right. From what year to what year? 152 to '55. And how old were you in 1S52? .t 18. Had you graduated from high school? · Yes. And did you have ~ccasion during that three-year period----.. At the Bell Telephone Co]:Ilpany; I was i3.n .operator. Was this a regularfull-time five-day a ~eek job? Yes, sir. 1 During this time when you were living with Mr. and Mrs. \. I ,. • . ,. I I ., j" ' ·' ,. ' ' -~ / \ ,, ' ,'! . ' ' • r -· ' -· ' ,• . . ' 139 . ., "',. .. Ward 140 ! ! . . I I ., ' . Downey, Tom.Dc>\~ .. n~y. qid you p~y anything to;ward the room and board? ' I I ' A Q e I ~ z \ ;·:·· J l.: J t, ' ,--~·~· .• ·l ~ ~~ ~ ·i t" . ~\ ~~ • ., ; ~ j t' Did you pay that during~the'entfce period you were there for tho~ e A $15.00 a week. Q < > .J )o Ill . three years?. z z Ill D. i A Yes, sir. 0 1-CJ z Q . Now when .sJid! JLdni first know about ,Anthony Hohmann or rememl er ·X .II) < ~ about him? ..: ~ A a: 1-Ill Well, they had got married, my cou'sin, when I was still in ., 0 .J < high school, and I was raised in a foster home. So it wasntt unt l 0 0 :J ., 152 until I got to' know them. :t 1-,.. N Q Did you have occas.iori to note whether or not Anthony Hohmann ui a: Ill 1-a: came to the Tom and Marilyn Downey residence?· 0 a. Ill a: 1-A He was there all the time. a: :J 0 Q 0 Now when yo'u say all the time, letts try to be specific. ·About .J < 0 ii: "- how many days a week would he come around? 0 .. A ·Practically everyday, five or siX days. You s~e, I worked different shifts. Q When you worked·the afternoon shift, or the morning sh'ift, Mr. Hohmann had a job, didn't he? A That 1s right. Q 'Where did he' work? c-----------..---------- A Q A Ward 141 Westinghouse. He drove a truck. When he worked during .those times, when would he come aroun to the Tom Downey househ.old? Well', in the evening. · You're going to have to speak up, Margaret. ; . Iri the evening or in the morning. Sometimes during the day he'c be on the trucK and stop in. ·Did he come around during the weekends? Yes, most definitet:". Let's say on a Saturday or Sunday, how many hours would he stay around? A few hours here and there, because I worked, you know.' Did you worh weekends also? Oh, yes. Different days. you 1 d get off. · On the average, how many meals w oold he take a day at .Tom Downey's pla9e, as far as you can recall? About two or· three; snacks and things. Did you know Leo Downey and his wife at that time? No, I didn't. Now generally, who would fix the meals in the Tom Downey household? . '. At that time it would be my aunt,· and my cousin w heri she was orL ' . ~ \ Who is your aunt? ' : .. Marguerite. Berty. -'I ·. . ., . I . .'. : i ') ··f ,.. ·, •, .... , .!!loll! ( ----------------~--------------~--------. ------------~.----------------~--------~-------.----~.---!i,· Q· A ,• Q ' A' •• Q ~ A z < > .J Q >-Ul z z Ill A 11. i 0· 1-(!) Q z :c Ul < ~ ..: u A a: 1-Ul e 0 Q .J < u 0 ::J ., :I: 1-,.. A N IIi a: Ill Q 1-a: 0 11. Ill A a: 1-a: •::J 0 Q u .J < u ii: '· II. 0 e A . Q A Q A ·She test.ified'this morning .. ,_f ..... , ./ .. , Yes. ~ ::. • .. '· Who is your cousin? Marilyn Downey . .Marilyn. ; .. I \ . ' • ' 1 . ,. ~ i.. ._ ,. ,~ • ) L ,· . ~. : ·/;, ~ 4 ~"'-\ 4·l -~ ~ l ' .. ~· -' . ' ' I' ' . •• I Who paid for the food, as far as you can recall? Marilyn. Did you help with some of the housework in addition to paying for board? Yes. . Did you see at any time, Anthony Hohmann giv~·or offer to give any amount. of m<;mey at all for .room, boa'rd or for anything? No, sir. Never.did? No. Will you tell the Court a little bit about Mr. Hohmann, what kin of appetite did he have? He had an enormous .one. He liked to eat. I i:nean he enjoyec food and he 1d eat. . ·h· Did he like desserts? ' ; Yes. Who prepared the desserts? 142 Tom, sometimes,. or Peg. Tom was good on baking pies, Tom )owney. . '' ~ z o( > .J )- Ill z z. 1&1 II. i 0 t-Cl ~ X Ill o( ~ ...: u 0:: t-Ill • c .J ~ u c :J .., J: 1-r- N IIi 0:: Ill t-0:: 0 .. II. Ill 0:: t-0:: :J 0 u .J o( u ii: II. 0 Q A Q A Q A A A Q A Q A Q A . ' ... '' •·· Ward Now on occasion, did some of the other' relatives stop by at the Tom Dow~ey household.? No. I'm talking about the period from 1952 to 1955, if yo~ recal~. No~ except Uncle Leo. I called him Uncle Nook. That's Leo, Uncle Andy1s brother. He was still living at that time. He died in 197Q, is that right? That 1s correct. THE COURT: Just' so I under~.tand, yot; are speaking of Leo Hohmann, who is the decedent's ·brother. That 1 s right . THE COURT:· And he died before the decedent. Yes. He died in 1970. To your best recollection, didAnthony Hohmann ever bring any food tQ the Tom Downey household? No~ sir. After 1955, where did you go to live?· . ' '.,.; ' . ' . Canonsburg. · . , .. ,. '~ ·'i ~ ~~~ ,.,.. ,' ., r • ' t .J· ~~ ~! .,. •. ; '\..I~ ~·~ • " \ , ~ 111, -• .• -~ ~ -1 .to\' You were living some miles away from them, -'I-• Yes. ~ t ~ .. ":, .. I I .. ' .. ' ~ ' \ ' ' ~ ..... -~ ~" .. " •: is that right? ' . '. f ,; t., \ ~ ... ·~ ~ ll__ ______ _____...c___ _________________ __:,_----'----'-----------'o___'.----------- ' . ---------------,w---------------------------------------------~----~--------------~----~--~~--- .i .; j ~ , :r · , •' f .• ' .; : • i "·~ '·~ .. _ F===============t====================-==··~,-=':,==/='vv=·=a=r=9~·=·=·~~'~·=·¥=·~=-:':;:H~~~)=·===··=·,~=~·,=·='=·==·==·=·=--==:=4 =~==-~=~~-='=.=*==1=4=4=== I~ • ~ ,_ ! I Q A Q A. Q ...: ~ .A ... en c ~ .. Q u .o :l .., :t I-I'- N Al tti 0:: Ill 1-0:: 0 D. ~ Q 1-0:: :l 0 u .J < u ii: A II. 0 Q A Q A Q . And did you occasionally go··to visit Tom and Marilyn after that I l Yes. Oh, yes. How often would you visit with Tom·and Marilyn down-after 1955? Not very many times .. Just approximately. ldon1t know. About two or three times, you know, a year or -something. Two or three times a year.· . ._ Yes . Can you say whet~er or not Uncle Andy wal? there at those time:: or not? I can1t recollect if lie was there all the time, but he was there some of the time. Do you recall if Marilyn did any laundry for Uncle Andy that. you rem ember? Some, Jike shirts and things. Do you have any recollection of how often tliat was? No. I can1t remember. .. Do you remember at any-time that Anthony Hohmaim paid or offered to pay fqr the services ~o Marilyn? , No, sir. He didnrt offer to pay? L_--------------~--------------------------------------------~--------------------------L_ ______ __ I • '. e e '. ,< No. \l Q. Did you help sometime with that laundry? • '. ! '. A · ·, ;.,•.: I may have. Q ~ z < > .J >-Ul z z 1&1 D. i A 0 1-·C) ~ :t Q Ul < ~ A t-= u a: 1-Ul Q c .J : ... " N Q· ui a: 1&1 1-a: 0 D. 1&1 a:; 1-a: ::J 0 u .J A < u ii: II. 0 Q A A .. Q ,. '· .. ... ' . Now during first of_ ~ll, from ~952 to 1955, when you lived w~th . ' ,, Tom Downey and hi's wife, did you ever hear Anthony Hohmahn ... . . say anything about what he would do for ~hem, to· repay them for kindness or anything like that? No, sir. ·You never heard that? No, sir: Did y~u ever hear him say anything bhat he would leave th~m anything whenever 'he passed away? r Yes. That was later . Letts try to determine the first time this was said. Do yout.r..:e<98lll · ~ . .· what year y'ou first heard Anthony Hohrr1ann say he was going to leave thelilll something? Thatwas.the.first and only time,.\vas the birthday party in 171. Now he died in June of :n 1, is' that ·correct? . ' · Yes, June 14 • ' ,. . ·~ •' ' t ,I •· ~., · Yes. rr ~.,.. . Is that the only time you rerii~~m~er .h1ih'sayirtg wnat he ~, ' ',t:, <f:• -{l:o, •,., "' 'l' If \ . '"' 'f was going to leave them? I' ;.'!"" .i • .t :t~~..,; ': --------------~r---------~~--~-.~~--~--~--~.~~----------~-~~--~--~----~--~--~----- A Q A :!Q z < ~ -~A z z Ill ._o.._Q z o. I-C) z '' :t Ill ~A ..: -u 0:: I-III 0 ;~. u gA ,.., :t I-" '(II 'ui 0:: Ill 1-0:: 0 D. Ill 0:: ~ 0:: ::> 8 A' .J <( u ~ Q 0 A 'Q A .. • :· I . ·Ward .. Yes. Who was there at that time? Well, my brother, Samuel Welch was there,. Marilyn and Tom·, my Aunt Peg, Marguerite Berty,· :Nellie Wickwire and He~en Wickwire. .. Were either'Mr. or Mrs. Leo Downey there at that time? l I can't remember. No~ because I had met them; What did Anthony Hohmann say he:would do with his money or ~ . ... t property after :'he died? '' ' ' He said 1it'hat he was going to leave everything to Tom and Jiggs . THE COURT: Who is Jiggs ? . Leo Downey. T only knew him by the name Jigp. l4o . THE COURT: You didn't know his name was Leo then, because everybody ca.lled him Jiggs. Yes . That was in the summer of 1971, is that correct? Yes. Do you recall, did AnthonY: 'Hohmar:ri ever say anything that you ever·r~member .as to what they were supposed to do for' hiiP,, if anything? . No. Just food, I mean taking care of him. He liked home -cookled meals and stuff like that'. • e e ... : ' Q Did you hear him say "that? A No, but I interpreted it tha.t way. He was there.· Q ·When did Anthony Ho~mann: if you remember, buy that farm ou A ~ Q < > .J )< ~ A in Hickory? I think it was about 152. I'm not sure. Were you ever up there? Yes. 147' z Ill a. iQ Do you recall· the occasions that either Tom or Marilyn would g up 0 .... C) z I: Ill < :;; ...: u ll: ... Ill c .J :5 u c :J .., :t ... ,... N IIi ll: Ill ... ll: 0 a. Ill ll: 1-ll: :J 0 u .J < u ii: 11. 0 A Q A Q A Q A Q A and do so'rrie work up at the farm.? I haven1t seen them up thefarm. We went up the farm for some reason, and .I was only there once. Now let's start in 1970, which is the year before he died. Where were you living in 1970?· ~ •· r McClane Farm Road. •' How -many times did you visit .Tom and M~rilyJ!. ~owney that year? '. Not very many .times, a couple, three times. ~ (, "' I' .. f. ' f' How about in 1971? .How many ~iines d_id you visif? ~· t '(~,,',f ,.• . _,. -~J' i, r~~ ~: ., .., • 'I ' . r • ·· ~· I ' •' ( '• ' ~ f · < . : ... 'r • ' ' -~· .. .jl. ~~-.. ~~-. ' .... -. ~-~ ·~ Once. ""'t "'·· t ' ... ,'J '~~ .. ' t, • ' . • I Just that time in June, 1971? ~- Yes. . :;, .' THE"COURT: · t, . '£" t• • • t. .• ",!What' Rind of a man was Mr; Anthony Hohmann? Was he a big man or little man or what size ? I ! I • :X: Ul < ::: ...: u 0:: ·I-Ul ' c .J ~ u. • 0 ::> . ., :t 1-"' Ill IIi 0:: 1&1 ,... 0:: 0 a. 11.1 0:: t-0:: ::> 0 u .J < u ii: ... 0 ' A A Q A Q A Q A Q A . •· . ( '· 1 ·· ····.. r .. I -~jftr '~r ·~~ 1~-'\f l 1 ... _,. • ', • 'J '.' .. ; ~ • i t .: ' '\Xl'ar~ He was big chested. ' ~ '" THE COURT: A coup_le hundred pounds I . ' .. Yes • Do you recall if Uncle Andy asked for anything special he wante :l to eat? ~._. He liked pancakes. ·Whatever it was, besides pancakes, was there anything,o ther· . s pee ial thing he liked to eait'!? ... ..,. .I can't ·remember. '' Now back in 185~-to: l\:!55, w nat would 'you say WG>:uld be a fair valuation , Marga~et, as to the price ·or. the value ,of food \ ... that Mr. Hohrpann _might eat in the Tom Downey household, ,· . say· for a day 6r a week? Cari you give us your bes·t judgment ,., on that? It would be about $25.60 a week,the'n. Now is that based on·you are saying he.was there three or four tiiiE s anci'maybe sometimes more during the week,. is that correct? Yes. Now if some laundry were done, how ~u·ch would you' say ' . ' .. . would be a fair valuation for doi~ga little batch of laundry for Mr. Hohmann? A oouple·?ollars. Q ·And do you ever (r""'cecall the times that he might have stayed .. ~----------~--------------------~---------------------------------- .. Ward .ov'ernight a:t their: house,. Margaret? A No. Q You may examine. ;.·, CROSS EXAMINATION BY MR. RIDALL: Q Mrs. Ward, during the years 1952 to 1955 when you lived with , the Downey's',ypu:.:<testified you paid room and board every ~eek .J < u A That 1s right. Q . . . Did you do this as a result of the requirements to do that or did you do it voluntarily? A They said I could live there and I paid them $15.00 a week. Q ,That doesntt answer my question. A Th<;Y told me the price, in o.ther-wor~s. Q • So you were Fequii_:ed to pay a c_e~tain amount. . ' • I. ' . ' ' ~~~ A Yes. ' ~. Q Thank you. No further questions".·· / l 0 -~ ,. -1 ' MR. TERPUTA<C:: adjourn at 4:00 o'clock. I have a meeting that I would like to attend, if there is ~~ objection. Mr._ Ridall, we could resume tomorrow morning again .. I 149 ' . I ,, ~~ '' e e ., 150 MR. RIDALL: I have no objection. '·THE COURT: All. right. May~e Wf! ought to start about o( z < > ..J )o Ul z z 1&1 •II. i o· 1-(!) z x Ul ·< ~ ...: u 0:: 1-Ul c ..J ~ ~ c :J .., J: c 1-,.. N ui 0:: 1&1 1-0:: 0 II. 1&1 0:: 1-0:: :J 0 u ..J < u ii: Ll. 0 9:15 tomorrow. How many more witnesses do you· have? ". MR. TERPUTAC: Weli,. riot counting whatever happens with the . four claimants, !·have, I think, three other witnesses. . THE COURT: How many witnesses do you have, Mr. Ridall MR. RIDALL: I have .no more than five, Your Honor. And their testimony will not be particularly lengthy. SAMUEL WELCH• IS CALLED AND DULY SWORN. '· DIRECT EXAMINATION BY MR. TERPUTAC: ' Q What is your name? .. A Samuel Willard Welch, Jr. Q Where do you live, Sam? A 630 Baldwin.Street, Bridgeville, Pa. Q How old' are yc)U? A .. 38. Q Are you related in any way to either Leo Downey or Tom DownEy? Q Tom and Marilyn Downey .. And how are you related to them? . ' ' 'I F .. •.. ! j • • t'. • A Q A Q, :5 A z < > .J )o Ill z z Ill 0. Q z 0 1-~ A J: Ill ~· Q ~· a:: A I-ll) 0 ~ Q ~ c :J ., :t ... "' N A IIi -• 0:: Ill 1-0:: 0 0. Ill 0:: Q 1-a:: :J 8 A .J < u ii: 11. 0 Q A ------~----------=------c------------c~-~-~- . t'. Welch 151 -First· cousin. "' . '• .. , That is to :tyrarilyn. '-' .. , Right. Sam, when was it that -you first went to live ~ith ~om and Marilwn Downey? It was around 1952, because I got out of' the <Chpdren1s Hom'e at that time. Where were you in the Children rs Home 7 Arden, close to Arden, Pa.· . ' .Washington County? '\' Yes. ·For what period of time did you live. with Tom ·and Marilyn .·. Downey? .. , On and off from 1952 t:YJ!>. to 1956;t because there was a period of . . -/'"'f' ·,~~~~· ., 1 I went to Williamsport, Pa. for ~.our ,xears. The!).,~ hen I ~ " '-... ~· 9'•• ~ \ ,·,_ . ~,' . \ . -"' ,.. 1 graduated :tmom plumbi?g: s·choo'i't,, I}am·~-.. ba~k!to)ive with Tom and Marilyn for awhile. This')·was-ini 160! 'Then in: 161 I got ~ • ~ ~-~ .. ... .. ~ • 1 ~ ~~ ~-4•: ; ,l married. So since 1961, you have not lived with'them, is that right? Well, we were separated, !'was separated a few ,times, so·'r.was back there on and off. --.-, ' . ., ' I Welch ' 152 " Q' You arid your wife were separated so you would 'go back occasionally'to live w'ith Tom and Marilyn Downey. ' A Yes. Q Since 1~61, try.to give· us an idea of wha~ periods of time you ' .. • lived with Tom and Marilyn Downey, jus.t approximately . .. ~ z A Threeor four years on ana off, about.four years. < > • .J . >-'Ill Q Since· i970, -did you live with them in 1970 or '71? z z Ill D. i A No, I did riot. I visited. 0 1-(!) ?: Q When you didn't liv·e with them, you still lived in this general ai ea, J: II) < 3: -. ·.didn't you? ..: u 0:: 1- A Yes, the B!'idgeville area. 'Ill 0 .J :5 Q Except for the Williams~ort school. u 0 :::> A Yes. .., J: t-. ,... N Q And.when you were around here, did ·you, visit with Tom and Ma ilyn? IIi 0:: Ill 1-0:: A ,Yes, sir. 0 0. ... <;> ~ Ill a:: Q About -how often wou1d 'you visit with them? 1-a:: :::> 0 u A Oh, quite often; .more than two or three times a year. Everytijne .J' < u ii: I turned around, maybe every week I was up at their house. II. 0 Q When you lived witf;l them, 'did y~u pay anything for room and . ~. t board to the. Dow neyrs? _ A Q How was it ~hat you paid "-i~;:· -~·as it the und~rst:;mding or w ;re _. ou ,.. . ·~ ~ ' :~f "' 1•!;, ... ~·· i; ~ required? ·1 t ·· /' f • J '\o, I~ • -~· ,· j l \. ,.<7 --------~_M--------------------------------------~~--------------------------L ____ __ • . . e e '· < z ·< > J •' A Q A '• Q ~ A z z 1&1 ~-Q .z 0 1-~ A :z: Ill < • ~ Q ...: u 0: 1-Ill c J :5 A ~ c ::J ., J: ... I' N Q ui Q: 1&1 .... Q: A 0 a. 1&1 Q: .... Q: ::J 0 u J Q --l - ·'!"· becc;use.'they offered me a home to live in . • • ' ',c Ahd there. was no problem about that, -w.as there? There was no probl~m at all . ' Now let1s back up. From 1952.to 1,956, you lived with Tom and Marilyn Downey. . ' Yes. You never lived with Leo and Ma:rj,J .r Downey, is that right? No1 sir. ' -. When you lived with Tom and -Marilyn, . how often did you see . .. ·. Sunday he1d be there. both days .. "·:;·t,,, · # .• I ~ • > 'F <{ ~-,,., .... .... "" ,i ,'' And what did he do y;rh~n he w9uld co¢'e~t6,the h1ouse?·. ~ '.r.-. 1 4·~: / ij.f •_: 1..-Iii;~ ·Well, eat the meal and have a~s.li,l~C:k aft~:rw.c;trd~. before he . ;·:--,; --~i.: ,j_'•t,'l t . .. i -~. .. ..f l \: ., .; ~ll 1 went home or 'where ever ylse he was headed for. Was heworking from the period 1952 fo 1956? Yes. He drove for Westinghouse and he often would bring the truck to the house. If he worked during the day, usually what hours was· it that he . ~ . ~ -, ,. 'would spend with Tom and Marilyn Do~ney? He 1d divide }JP the time. It ·would be in the evening most of the time. What do you mean, he divided up the time? Welch 154 A He'a go from Tom Downey's house o~t lo Leo Downeyrs house. '• I When he didntt, you know, like go from Tom 1s house, if he was headed for Tomts house, or other·nights he'd go to Leo Downey s house am:l the ne'xt night come to Tom's, ·or vice versa, just switching the days around. Q From the. period 195o to 19o0, you were usually in Williamspor , Pennsylvania at pl~mbing school. A Yes. .. Q. Did you have a residence at that t~me bes~,des Williamsport? A ·Yes. When I came home from school on vacations. I'd stay with Tom' and Marilyn. Q What did yo~ pay for that? ., A At that time I wasn't working, I couldn't pay too much room and board. , . . Q 'But how often· would you come home and stay with them? A Usually on all the holidays. It was. five holidays a year. The mainrones was Christmas vacat1on:, Easter,. you'd get a feyv days off when you could get home. If it was just like a weekend, I .. Q 1 ; ' .i f# :; . / ... . ~ ·, 'If ,., . . . I , r ¥ 1'950 to 19oQ, see.Anthony '., Hohman~ at the Tom Dow.ney•residence? , A • . • ' ' I ' • ji i • ·I tl f< Yes, sir .. t ./' . . ' {, ! ' How often? ' • I . ;~ ~.~ . ' ~ ~.l . ~ ' . r . \.. t .. ' ~ ...,. Q A Two or three times a week; Saturday and Sunday, the same thing. -----~-------~-------------,--------------------.---- Welch He used to come over on Sunday morning and ring the doorbell ··and say, "Hey, ·Chief, get out of bed and make me pancakes, " meaning .Tom Downey. After 1960---- THE COURT: Excuse me. You mean Tom himself, not his w if~? '. .. He rang the doorbell, and.when they answered the door, he -_.. .., .. yelled for the Chief to get out of bed to get up and make him . . , . I ' ' /> ,' : pancakeS and:' t'~iS i:o'uld,'qe(~e~O.rel q~ylf~ht·,in(the1 ·;o•r}{ings~:' t I • , 't•< . .,.: .u , ~.:.r· ,. • a: ... Ill e 0 .J ~ ~ .. ~ "' ·' THE COURT:· ,': -~; Not his wife·? ~ I '" ·~~·~~+"'$ ,•' '• , ., • /' . • , . ' ,' f ,i; ( ' I ·, ' . q c :J ., :t 1- A He asked for the Chief ..... ~-·· , . ,. ' 'H\· ..... ~·~;. \ . .... ' . -... ..) Not his wife. ,.. N Q ·Now after 1960~ Sam, when you got married and soforth, and· rti a: Ill ... a: you. said you would vis it th.e· Tom Downey household, is that riglt? 0 Q. Ill a: A Yes. ... a: ' J :J 0 u .J Q And how ofteh d~d you see Anthony Hohmann at that time? < u ii: II. A Well, nearly everytime· I.was 'there. Us~ally eating and sitting 0 e around telling ;verybody~what they could watch 'on the television. Q What is this about the teievisio~? Did he have some favoriM~ I .. programs? A Yes. He had Gun Smoke. If the·kids wanted to watch a progran they wanted to, he turned Gun Smoke on. Or anything that anybody wanted to w ate h, he had to put_ his program on. '• •• o( z. o( > .J >-Ul z z· Ill Q. i 0 t-C) z X Ul < ;:: ~ u 0:: t-Ul e c .J o(' u ·a :l ,., :t 1-"' Ill ui 0: Ill t-0: 0 Q. Ill 0: t-0: :l 0 u .J < u iL ·II. 0 e '' '' Welch ·r. Q ·Now do you recall about the time that' Anthony Hohmann bought A Q., A Q A ·• Q A Q A Q A '!1 farm up near Hickory?, ; •· , '' . . I ·. . I Just got out,. of the. Childre~ 1s Home and• I think it was a little ' ~ • ' • -_I I 'f " • ~ after.'52 when he bought that farm • Now, Sam, how many times were you up at that f~rm? 'Quite a few tinies. ' • ' . ·For how many, years",. Sam i . -~..... ... ,,. ~' .• \ ~ ·: t ~ I •; ', Tom···~nd I and 'M~~Hyn ap.d another :.~~u~s i!l~ of min~ used. to go~ up.·· ~; ' ·'it ," Jf'~· ;t·i"····~ •t }'4 '",,· •"''l/,:·'~ ·~~ ·;, 't'. ~/r , , ,'• .,..; -~--,_ ,_. :."'t" '\.-~'>" ·~,:... • "t;r 1!., .lj ~ "" • there an the.time to clean up that f,arm, put a road in with redd l>g, ' . ' •. ~ "·'t . • il haul block up .there from a building w-e~ tore down.'f These block .,. " ., $ .;· ... i < .t "' ~ ' 1;, "t A' , ' 1 ./-T • l . • . ' :-t t J ........ ·!It~\-.,. we ha1;1led. up was after Leo came back from California and .. . • • ' , • ' ' F "•. ' • I ::,1 t.~ { . : ;~· f ' . we had h1s tandem thatwe hauled ?-ll th1s lumber. We hauled ' . all the insulation, vye hau.led a building' that we. tore down, biocks up to that far.~ that he was going to put .up some kind of ' ' . a building~ And we did all that. And w ~ h~uled in reddog and put a road into that farm because there was no road. Was this. work done usually in the summertime? • Summer and winter. .No;~i who all would go up there?· Marilyn, Tom, a c'ousin of ·mine~ Gardner Fres'hwater, arid me Letts g~t that down in specifics~ ·From what period of time, ·. what.years are we talking about, Sam? From around 153 up to '5o, when I ~ent to school, really, and Welch ' . 157• .. then when !'came bac~< from school, .on and off, I was up there· ., . working too • Q ' Now Leo didn't get into the picture until after 1958. A " No, because hew as still in California. • ••• Q Now even though you were not living with Tom.and Marilyn after . ~ z 19o_O, did you still have occasion to go up to the farm? < > .J A )o Ul Y eE?, sir. z z Ill• 0. Q i ·And besides the things·you said were being done, what else, 0 1-0 ~ what kind of other work was to be done up the farm? :t Ul < A 3: We pulled ou't---cut down trees and we pulled the stumps ...: ·' u 0: out of the t:r:ees and cleared the woods. fond·when \he first 1-Ul e c .J <( u bought the place there was'· garbage all ovet the place, whi~-key c :::> .., ' bottles, beer cans, garbage; we cleaned it all up. Then we cut :t· ,, 1-" N ~ ' ' t! ·~ grass. And the fruit was on tne·_ground laying there rotted ui a: Ill 1-a: 0 0. .Ill a: . 1-a: :I 0 u all over the place, we ·cUi~aned all that up. And then we cut the t ...... ! ' 'I' "· • .. ~· ,. . ~~ i \ :·,'"\f' _f,·· 'r,J fields'· clowri. -.It looked rike a bi'g hay field, but it was actually ' • .·•.· ,t ,11 ' ' · /·' · I ··•. ; 't' ' " ·. '-, • • -~• , "' ~~, ~ . ' ... l ·. / e l ""' ~ ·~ J -~ ,, . / ' ~r '*;t -1' I.) L"" r f" ~•""' .... ,; •-·~ • J"'l .,., ~~4 • .(: • • • ~ t # ~~~ .,'. t .... __ , '" .. , ~-~ ~ ~ ! t -." ... : ' grass. . . .J ~ u Q i;: Ll. 0 e A Q . . • .\' .. • f • :t Did Tom Downey or Ma'rilyn'Bo:W,h'ey or tLe.o ever get paid a cen ? _. ' ,f r Did you ever get paid a 9tn~ fq: any of tha;,t work? . ~ i . . .. /:\ ·t· f i """' -1. ) • . ., ·-· ;' -~ l .I • ; 1' t Nothing; notone cent·: '. ·.· . ·'·\ ~· ... A -Not that I recopect, no. ' Q ' When you peo'ple were working up there; s9-y, on a certain day, .. where did you go to eat'? A We'.d go up and get some lunch meat or go to that restaurant. ------c-----..--------~------.,------------------------------- • f Q A . . . and ge~ .something to eat up ther!=. •, •, THE COURT: Did· Mr. Hohmann ever fEed you when you were up there? If. Tom and I were up there, it was usually Tom or me bought ·+ our own food~. .. , II A.\. ' ~ ~ ~,. . ,; ! . ~~ .,~ ' .,. "' -t i t ' f I '!"\ • • : '' .. ~ • '. • • < • • , ' ..... ,.~ , ' . • ~ ~ rr .. , -of." l,_ ..r • " ./"" f .. J 4.• _.I .. ,. ·. /"t :(I •. ~1,,·: ''! ...... ~ . . "~ . , THE COURT: Who bought food for him; '• I" ' I ' •" ·~ <o • rf ....._ .J_ 11.a - . ! ~ . . ~ ~ . ' ·We bought the food and he help~~ ~at\it. 'tha't'S. how. he got his ·food . . ·What did Marilyn J)owney do up at the farm, as best as you can · recollect? .. ' ' . She'd go up there and do a lot, when the sha:ckswas there, you k~ow, what he called a house, you know. She1d go up there and get buckets ef water ~nd mops out and start scrubbing. He had a scrawny table· there, she'd wash tha't. She'd do a lot of cleaning ·and a lot of hedping outs ide l'j.ke picking .UP rotten fruits like . apples a'nd e;verything. She even helped load tree limbs. We ct t trees ?own.and pulled the stumps out of the ground. She'd help load the wagon and get rid of it. WlD cut the grass in the summer up at the farm, Sam? Everybody pitched in. Gardner cut grass; I cut grass; Tom cut grass. ;, . .. . . • . ' . ' · .. .Q f./ ,;c Q . ~ A' z, < > .J > Ill ' z z 1&1' ll. i . 0 I-C) z :t Ill < ::: ...: u ·a: tii c .J < u c ;) .., :t .. " N ui a: 1&1 1-0: 0 ll. 111 a: 1-0: ;)' 0 u .J .< ~ ii: b. 0 A, ·t -------~------------------~------~~~--------~------- .... ' ~ .• f <f., I' , Welch- I ·. ' .. Who was doing, the,heavy. wor~~:re·garqing -the trees·and limbs ~ , ' .. ~ ~ ~ . ~· ,: ·~ . ' ~ . . : . and bushes· and stuff like that? .. . . Tom· arid I and Gardner • .. ·Now after Leo came back, what contribution did he make ~ ,, ,·· . towa'rd he iring .out at the farm? ' Well, Andy w~nted reddog haul~d out there· to put a road in ,. bec'ause there was nothing but a· mucky hole out to the shack. So we hauled ··several ·loads of reddog out there and we s_pread it . . . • ' ·~· j ., • .; by hand and us~d a shovel.and a sledgehammer to break up the !' l ' . big o'nes. We put some of the bigger ones down in'the deeper ruts,.. so we'd have a s:rpooth_road. Then a guy down in Bridge- · ·vill~ was getting rid of tht~ b~ildirg, it ~as 'all block and it . . . . had a good roof on it' and,differe~t planks in the but1ding. · So. '·' '•, ·: .I , . · •. we h~uled all that stuff~ _.:rJ~:tooi~ ~s three.-s:>r four qays. We ' ' : * 'l • ~~. l ·. '" . ~ ~t" \ ~ t 11 .• I ."'.. ... ~ 1 t :;. ~ , had to take all,..the nail's oueo[ the~e:,old·,planks' stack them up· in a barn,, ·-~pd nobody ~o~_-.a -~~a·,.~~~t~ .f~~J"<;lidn't ~ffer the guy. .. ""-:"' · anything.for' gasoline. , It was at his expense, gasoline, oil arid i· tir~s, the wear of tires on~' his truck. ,, . . Sam, 'was· there any furn1ture besides this scrawny table in this : sha~k ·that Mr. Hohmahn had?' ·' ' ·• Yes. Tom had taken a wringer-type wa·shing machine up there . < . that he could wash his ·dirty, grimy clothes that he got. dirty up - I I I I I ' ' -.-' ' ' . ' . • . .. -- . 1 Q .. A. Q ~ z A < > ..J >-Ul z Q z Ill D. i 0 1-. -.' Welch ' . , there. . . -· ' Tom gave him that? .,, ~ ,. -. ' ' Yes • . . A mattress to sleep· on. This was' later on. 't<l .1 ~ I r' /; ~ " ".'r t'fl!> 't Did Mr. Hohmann have some other 'furniture of his up there of • 11 ~".· ' ~ , _, t/ j r '.. :.!. ' his own? .,. :. ,l). •. ~··t c; t' C) ~ A ~ Lawn chairs, you kn,ow, the aluminum ch!3-irs, a couple of those. X Ul < ~ Q ...: u a: 1-Ul c ..J A < u c ::l ., :t ... ,... N' ui a: • Ill ~ Q. 0 D. Ill a: 1-a: ::l 0 u ..J < ., u E A . 0 Q A ., .. " Did anyone ever come to_help him with h'iS housework except thE ., people you have mentioned? Leo Downey, Tom Downey, Mar,ilyn and me and my cousin, , Gardner. That1s all I rec'ollect • ) ; '. A~d the insid,e of t~e house.; you know when .it was there, the shack, before it burned down, who did in est of. the work in the inside of the house, cleaning it and soforth? Whenever we went out there, people went out there like me and Marilyn and my cousin, we1d pitch in and clean. After the shack burn~d dowri., Sam, where did Anthony Hohmann go to live?. .. He alw.ays did live in his apartment·over in East Liberty during the time he had this farm until the end when he went to the Ceci ' ------------~----------------------------------------------- lnO Welch '· 1 (j 1' Hotel, as I recollect. .But Pve never been to his apartment tha I can remember where ·he lived at Shady Avenue. Do you have an idea as to what the value of your: services would be.· , for one day working out at the farm, letts say a day that Marily 1 . . ; 'mi"ght spend out there for Anthony Hohmann? Do you have an I ' 'I I I idea ~f what something like tliat is worth? i .. Do you want'what ifwo"uld be worth to me? .. ·No. '·· To Marilyn? No.· .What a general value. of that would be ·wor.th to. a person . . ' who would require t~at to be done. Not what it would be worth '• ~~ I .. ... .. , . .. I' ... . . . ~ '' .. Are you talking about everybody? ' . ' ~ • "'*""' ( -.. .-. ... .No, no. ·wait a minu~~;:•(~·ep~1a~'i•th:~~.9~~stion, please. . t ~-• ~ -~ . ·~ \ • , • -_ -f ~ ·~· ~· •• ~ fi. l ~ ' ; • THE., COURT: f · . ~~ 4ije_'wants to ·know in plair .. English, if 'you were bidding on a job; what would be the bid price for the work that .was 'done out there, putting in the road and doing all the things, that were done. A Is 'that for everybody that did the work out there? Q Well, letls put it this way: as to Tom and Marilyn Downey.· . ' ilf-i?. THE COURT: And also Jiggs • . ' . ' . . • 4 And also Jiggs .'· V hat w culd.;ey<op say; ·c,ould you give us an , ~ , 1 ••• ·~ ...--.~~ • · •.• • ~~ ... _"•t/ &-#' .~ • •• ~r..~': '~.·~ :.;_ ~ .. t t! :1_;·"~ .... J·/" · idea? You have g venus an idea,wp.at was done. Now we are i-s trying to de term i[le what the va.lue/oLw hat was. done as far as' I ~ ' '' . j· -t ' 1 Jll r I I \ .. .. • f ~ "i 0 Leo Downey, 'Tor~ Downey and Marilyn Downey is concerned. " .. ~ . '.,, .;~ • ' ;# "1." . t' ;< • t !. •• ' {•' ' • #~ .. ~~ ....... _,:~· __ ,,. .. In terms of labor and eqmpment~ you know, that' they have take1 out there, it1s worth a good bit. Do yoUll want it on a day basis, a week, a month or what? . THE COURT: What he wants is the tot a . A total over the oast years? Yes. THE COURT-: If JOU can do it. It1s 4:00 o 1dock. You figure it out for tomorrow. Thank you, Your Honor. THE COURT: We will adjourn unt~l 9:15 torr arrow morning. (Hei:iring Adjourns) ______________ _ll __________________________ ~--------------------------------- • • t Welch " ~,, I ' ~ ,J..i· '.. _,r .. ,. .. , • ' , ' t' ' f t ~ . t . t SAMUEL WELCH., JR.· RESUMES THE· STAND;: : i, ~· ···' { CONTINUED DIRECT .E.XAMINATION BY MR .• ,TERPU'FAC:"f'•' ,.. • ; ' . .¥ -·~ ~ <Q z < > ..J )o Ill z z 1&1• D. i 0 I- C) z I: ~A ~ ~Q 0: I-III 0 ..J < ~A 0 :l ., ~Q N ui 0: 1&1 I-ll: g A 0: 1-0: 5 Q u ..J < u i&: II. 0 A' Q A -y ":; .. '•' -~." . . . -}' . ·-· Sam, det m'e try to.rephrase some of these 9uesfions. As I understand you;r-. testimony, there was some general work done on the farm by Leo Downey, 'l)m Downey and Marilyn Downey, is that correct? Right._ And there was also some w,ork done l:lf you and Gordon Freshwater and maybe a few other people. Right. What we .are talking about· now is the value of services rendered by Marilyn Downey .. Tom Downey 8;nd Leo Downey. Okay?· Right. That·is what we are talking about as far as services out on the farm in Hicko.ry are concerned. So let1s first take the driveway Who put the driveway in? · Leo Downey, Tom Downey, myself and··Gardr1:er. We all worked on it out there. First of all, about how many feet was t~e driveway? . . I would say the way it goes in from the road, clear out through and around the barn and out again, Pd say the length of two 1163 : : •• < A z < > .J Q ·.i:i z-z Ill ll. A i 0 1-CJ Q ~ X: U) < A ~ t-= u o:·Q 1-U) 0 .J A < u 0 Q :J ..., :t .... ,.. N A ui n: Ill Q 1-n: 0 D. Ill n: A 1-n: :J 0 Q u .J < u ii: Ll. 0 • A Q Welch ll parks. THE COURT: Excuse me. You mean 1 -.. · the length of two football fields or w lia t kind of ball t l • ' parks are you talking apou~? 00 yards is 300 feet. . Pd imagine about oOO feet. • I ., ho -supervised the putting in of th-a-t driveway? eo Downey. ' l!. -};'\ · 'that'·his bus ines~? ' l ., tis driveways sir . f~>-. t~· .~ lt, o,l f I .il, . -~ "i J I"' ( ' ,· like that. eo Downey provided the cobblestones, the big cobblestones. -·· e was it brought from,? • ' l .. guess fr:om out hiS way where he live.s. . ~ -~ Now after tilite.cob:blestones were put.ir;t, what else was done to .. driveway? • First of all, it was widened and scraped, you know, where we have a solid bottom. Then the cobblestones were put in and tramped down and everything -and reddog was put on top. And that was all done cy hand, a lot of it. And about how long a period of time di~ this work take as to the driveway? lo4 \ ) .. · . I ,. r I< ' I . • 1(~ " • ' .<:t "' -~:, '~ ~ I t : . . ' ' I t~ 'i . ,.,t ., . ' . -' ' I Welch .. • . lo5 ! ======~~==================~·=·-~~~~======~== ; -4i • ~~ .. lj ,, / J' t "~ A Q A . e Q ~ z A <( > .J >-Ill z z 1&1 Q, i Q 0 1-Cl ~ :r Ill <( ~ A ...: 0 a: 1-Ill • Ci .J ~ 0 0 :J ..., :t 1-"' til ui a: 1&1 1-a: A 0 a. 1&1 a: 1-Q c a: :J 0 0 .J. <( ·, 0 .. ii: II. 0 e It took a good while. ·~ ' j I "I l ; -t ( ,J< # " l ,....'\. , ( f ' ~~~· •. ' How long, just approximateiy W1hat are we' t'alk{rig'about in time; • .. ~ l!' 4 .• .. < J • \ ~ ~-. . It took a· good many hours. I cantt reme~ber exactly how many h'ours . .... i How many days can you remember? All together, it was a period of years with the work of the, driveway we did .out there. . ' Are you saying a little bit was done and then time went by and ,• then a little more? Is that what you mean? We put the whole dr_iveway in when we did it. .) J ' THE COURT: How long did it· take you tp do it though, approximately.? You -said something about a year. It took sever~l months, Jill say, for th~·~driveway. Now what valuation do you think there is as to the putting in of the driveway and the widening and all the work that was put in the driveway? What would you say that valuation would be as to .. the work that Tom and Leo Downey didon it? MR. RIDALL: If Your Honor please, Jim not certain that the' groundwork has been laid to qualify this witness to answer that question. THE COURT: I would say that is true . . ' • .< z. < > .J )-.. Ul. z z ~ 1&1· 0. 'Z'· 0 I-C) z X Ul < 3: ...: u a: l-UI 0 .J' < u 0 :J· ., :t ... r- t\1 ui a: 1&1 1-a: . 0 0. ~· 1-a: :J 0 u .J .. ~ ~Q II. '. 0 A Q .. A Q A .f· '· ,. . ~ ·; ; . . ' .. . Welch ' Hio You have to indicate, Mr. Terputac, that this gentlemap, by. virtue of his experience and so on, would be able to { evaluate the \v or k'; MR. TERPUTAC: .. II.have very good proof of ·~ .. ·~ . . Mr. Leo Downey, if Mr .. Ridall will allow me to introd ce ., M.R. ,TERPUTAC: I think I can . • '~· .. .t·~ ..... ~4_. ~ .l , ...• ·, ...... ~fi. ~ ... ; ; ;: ' \ \: ~ ~ ·• j. ,.., ~"" . J. lr ,. ··• .t , : f ~ l.l ·t ' . L ' . , :, , .• . , .\ r THE QOUR:T: . I think the point is well ta~en. You have to lay the foundation. You are right, . ' ·Mr. Ridall. .. MR. ·RIDALL: I thank youalso, sir, · for pronouncing my_'name· ~orrectly. What kind of business do you have, ·Sam? Where am !"employed? What are you employed in? ' ' . '• '. ~ Pm a boiler operator down at Woodville Power Plant, Operator. One. . As I recall', you went to·,plumbing school, is that right? Right. .. Q· ,, A Q A • Q ~A z < > .J > Ill z z Ill II. i 0 1- ' ~ Q' :I: .Ill < ~A ..: u II: 1-Ill e c .J ~ u c ~Q :t 1-,... NA ui II: Ill 1-II: 0 II. Ill ~ Q. II: :::> 0 A u .J ~ u ii: Q 11. 0 e A Q A . Q A ' Welch 167 . And what year was that? 1956 to 1960. ·. ·~ "'! ~ . ~ ' ' ./' -~ ' . ' ... ' . ,. I " When you came out from plurpbing school, _wliere'did ,You go to? • ~ j • . I lived with Tom and Marilyn~ What kind of work did you do? 'I ' I did odd jobs. I did sidewalks, driveways and stuff like that. ' . ' I was a laborer on it. But I he?-rd my boss talking different times what material would cost and everything like that. And how long did you do' that kind of work? Not too long; a couple years, something. like th<l:t. Then I workec with Anchor ·Fencing Company over on 51 or Sawmill Run or where ever it is, Ij)jst forget the name o~ the road now • What did you doffor. them? ··Put up Anchor Fencing, put around•'swimming pools and stun . . . ~ . like that. Are you familiar with valuations on labor and material and sofo th? Yes. · And then after Anchor Fencing, what did you d01 Sam? I got a job with a painter; I was painting houses. After that, what did you d6? Then I finally got a good job down at Woodville State Hospital, where I'm a boiler operator. What doyou mean by a boiler operator? It's the same' thing as a stationary engineer. They· operate boilErs, ; I ' ' Welch lo9 •. such as an odd job, such as th:rpw ing dirt iD: gullies and things of that nature, I think that would be routine . labor work, wouldntt it? This is not highly skille.d work. MR. RIDALL: Your Honor, it takes an expert to answer. I can 1t answer the question; I don't know. THE COURT: It would seem to me, an ordinary man around that kind of work would have an; idea of how much .an hour people would get paid for tha J type of -labor. I don 1t think it has to do with appraising the job itself. But I think it has to do with appraising the .cost of the ~abor involved in doing that type of work. MR. RIDALL: I agree. I think the man -- . he1s oeen a laboring man hims.elf, I think he is qualifiEd to testify as tow hat a person is paid per hour for that ' kind of work. I think the qu estio~ goes far beyond that. THE COURT: I think· that Mr. Terputac, I think you would accomplish your end---I'm not trying to practice law for you---as indicated, he would j-ust indicate·what he thought the hourly rate would be for tl:at type' of wprk. • J -----c------------------------,-------------,-----------------,-----;----- , Welch 1E>8 they take care of maintenance. · That1s taking in plumbing, any, ob that comes on, electricity work down there or anything. Some~ thing mild; I can -h.andle_. Something btg, they call in the electri ians. ~ ,I i If it's in·a big box where there's·a lot, of power; I won't mess· ',' j -~ ••. THE/COURT: Just a second, Mr.' TerpJtac; f // ·.· '~t.~ .... ).f ... ~~-.~· . •''l .1~/f ..... '/'J ,· Not to inte;rupt,' but I( think tie would have an opportun y, qualifications, if he wants to now . .. MR. RIDALL: Has he completed as far as his qualifications?'· I'll simpiy renew my objection. lfihl'E C0BRQJ~('.,1: :::--:. You don't want to eros s · · examine him-? MR. RIDALL: No:, Your Honor. His experience as a boiler operator, as a painter, in plumbing school and doing odd sid_~wal~,c jobs certain!.) . doesn1t qualify him in my mind to answer a question which should be put to a c·ont.ractor. THE COURT: This is an odd situation • ~ z < Q > .J >-Ul z z Ill ·D. i 0 A' t-Cl z i: Q Ul < 3: ...: A u a: t-Ul e c ' .J < u Q c :J ., J: 1-" N cri A a: bJ t-a: 0 c.. bJ a: t-a: :J 0 0 .J < 0 ii: "' 0. e Q .A . ' ----;------------------- ,' Welch 170; i.<_:_;_~. LJDM'R.,:RIDALL: He obviously is compe_tent t6 testify to that. ) think'that would accomp~isl_l ·r1 '·'"\ · J • • ." ~ ot 1 ·j · ~~ ~ • ,., 'f ~ ' + • \ t I ~ -'t ' ~ ".. ~,. -· ! ,.. "! .. , • ' 1 ~. ~ f • -.·~ ' . :1 f 1ft • r . + t . . ., ~ •· ·'-:Ill ' ,· I •p • i' ~~~ . t,,~·ft~~/;, ., At the time. ~he driveway: was· put.'iri~l $,!Xm, what was the approximate hourly rate f6r,~that kind of'work? • t l :i "":'~~ ~"t~.S\, b .f.~~-::. ! ' . ' Labor? ., . Yes~ ,. Two and a half, $2. 75 an hour, I w puld guess; Fm not sure. ' . It depends on wh? you work for. . ,. Well, it always de'pends on that. About what would you say was· the cost of the mi terial brought in?.~- That is charged·---- MR. RIDALL: If the 'Court please---- • I THE COURT: ·If he knows, now . This il a pretty frank witness, I w oold say. When he· doesn 1t . know, he says he doesnrt know, so far. I think he has . . 1·c:;,:; J v'2. been.veryfrarik ... D~ you k~ow what the cost of the material is? That1s so much a ton, and _I could not tell exactly the amount of the tonnage . ! . Wel~h 1'71 . •. Q All rigq.t. Let1s try again. Do you have a valuation as to the cost, including labor, of putting in that parti~ular griveway, total cost? MR. RIDALL:. . If the Court ~lease, I don 1t .. want tobe obstructive, but I don1t think he can answer that. " question. He just stated he doesn1t know the·cost of the materiaL The j;naterial is going to the overall co~: t. '· .THE COURT: I would say that is true. Mr. Terputac,. I think his~point is well taken. The witpess' has said he doesn1t know what the materials w oold cos Maybe you can put another witness on that c~n give .us hat~ I donrt think the door is closed yet. May I ask another question j' to which Mr. Ridall has ·a right to object? What is your valuat ·) n as to the labor that was put into that dr.iveway, as far as Tom aad Leo Downey are. concerned? .. THE COURT: 'He means excluding the material; just labor alone. Pd say aroun~ $900. 00. Now 1 Sam, I call y_our attention to about the .su~mer of 1970, and I refer you to the incident where Uncle Andy Hohmann asked Tom Do;wney about enlang:ing . his house .. Do you ' ~ . . '' i " ,. . . I.J . I I ~ ', ~ ;·· ~ t (~~ ' • I! ~ ' ' j . . . t .. , J l . .;t,• ' ' A Q A •• ~ z < > .J > ill z z 1&1 D. i 0 1-CJ z i Ul < 3: ...: u a: A 1-!!.!· e a .J ~ u a ·:J ., :t 1-"-' N Q' ui a: .1&1 1-A a: 0 0.. 1&1 a:-Q 1-a: :J 0 u A .J '< 0 ii: Q II. 0 e A Q A .,·· ·( ,. \ '{( ' t .... • ~ l t ..... ~ t 'It ' . • \-. '~t. 'Will you· tell the Court what happened on th;at occasion? "" -,. ' . ~~· .... l_ \ 1 • . -• '·' I . •f . • . . r ";.. 1t .. • • .... • ,._ ~ , - Well~ I was there(a\t~e l:S?!JSe a:n(;l }}n.cie Andy, -I ~alled hiin ·Up. le ' --~ . _, ; t ' .-.. '·-~~ ' Andy too, everyborly;-fJd--~?-~~T~· rriT?-,to .build a couple rooms •. ' ' '! i! \ ' ,, ! '.; ,< i . -l· ' •• on his 'house }?ecause--- -. THE COURT: Excuse me. Just for the .. r:ecord_. . so that the r'ec_ord will indicat~, Uncle Andy is ,., Anth<IDI)J:~ Hohmann.' 'Right. Anthony Hohrria·~n asked his neph.ew,. Tom Downey, to bu ld ' -·1 • • -. ' - ~ .' ~ -I a co'uplerOoms .on his house becaus·.e he wanted to conE there it' •• and live . ' .-' . ' ' ' ·_ '.!. ~-' . Whos·e:; ~16use was the rooms to be buj_U on?. . ' ·_Tom Downey •. ' .. . ' . . . -· '' ' And where was the house l()_<?ate.d? > Som:er·viiJe Dri-ve. -Pittsbu,rgh·-?~ -.<f! ... Right. Go·ahead. I' 6 1t. " ... , .. ,. ' ',· : .. 1' ·' ... ' . . Aq'ct To~ s_~ys,, _"We~~---~riel~ -~ndy,' (Mr; Anthoriy Hohmann), ''!;. I ··-. . if yo~ giv.e me the !rl.Oriey, l 1ll do it. But right n<?W) we don1t f' '-. ·"""" ' t ~ '! ' :~ hav~ the. ·ill ohey ~ ; ; .. ? '" l'• !, ... · ~· ' * . said the'n? ' I ,. 1 ••• ' ! . . . . ' ' A ,. c ~ Q ,, < ~ ;:; A z z 1&1 o._ Q z 0 1-~ A :r Q) < ~ ...: 0 Q' 0::· 1-Q) 0 ...1 ~ u 0 :J A ..., :t .. 1'-N Q ·ui 0: 1&1 1-0:: 0 0. 1&1 0:: 1-0:: :J 0 u ...1 < 0 ii: A II. 0 Q A' 0 ' Welch Oh1 boy, it's kind of hard to remember·.· .. .. THE COURT: Now just think for a little ' bit and tell the truth; But don1t tell us something that you·~on't r.ememl~r • r '· Was anything done about bullding the addition? .No • Why did Uncle Andy say he wanted the rooms built? '" f" So that he1d have someone to take care of him and feed him, anc ·when he got ill, they coul~ take care of him . . Was .Uncle Andy willing to pay fo.r the construc:.ti,on of these .. additiof1:aL rooms or room? T \ 'No1 he. wasn1t. Now again, just in case ther~ is any question, to your knowledg , was any payment ever' made .. at any time during the lifetime of Anthony Hohmann to Tom or Leo Downey or Marilyn Downey as to the w'ork done on the farm~ including the driveway? . To the best of my know ledge, nothing was ever paid to ·. any_of them. Back at the farm again, Sam# I think it was your .tes.timony that including the driveway~· there was other work done out on the .. farm·." Yes. if ,• "" ·, ' ' . ,. ' ., ' .. . r ,.~ 4 .. " . • • fup_~_h·~/ .• •. .,:;, ! ••• . •• ,_..,.., ·t 1 '7 /1 .. .<. • ~,:, ..... '!" ~-•... "!' ~-· lf-, ... ·.. .~. i .-.,. ll ... ,, Q I think you said that that wa·s done by Tom Downey, some of it· I , '· Leo Downey,, Marilyn' and. a few, .of. tl;le other .reillatives. Is that \ ~1¥ '!4_. ot ./ ~:>. rl-,.._ f .• • ,. ~-<""' " I I correct? A Right, sir. '' • ,• Now I want to refer just· to the work that Marilyn,powney did, Q ·:r r, ."'r •.. ; ,. ~' Tom Downey and Leo Do~ney. What all, not counting the drive v ay, < z < > .J > what all was done out on the farm? . Ul z '" z ~ , .. Ill A 0. Well, Marilyn and :Tom Downey, they did a· lot of cleaning. i 0 1-Cl ~ Tom had a dump truck at one .,time a·nd we hauled a lot of loads I: Ul . < ~ of garbage out a.nd we cut down tr.ees, pulled the stumps, cut ,' . ...: ~ a: the grass, picked up rotten fruit, kept the farm all c~eane~ up 1-Ul 0 .J back from Califofni~.' An'd then we hauled this stuff out, like .., :t 1-,... (II this building we. tore down, :cleane,d all the' block. We had to ui . a: Ill .... . . clean. all the block, load it and take it out to the farm. Leo a: 0 0.' Ill a: Downey supplied his truck.to haul·the lumber and the block and 1-. ·lr :::> 0 u . everything ·out there. . .J < u Q ii: Was that after 1958 tha,t Leo Downey supplied this work? II. 0 A Right. Q How often after 1958 did Leo .Dow~ey come out to the farm to de whatever he might have.done? A Usually, I guess out on Saturday or Sunday, w.heriever he'd have time to get out there .. Q' . To your knowledge, was any money ever paid or offered to be ,. . i ' IL_ ______________ R-----------------------------~--------------------------------------_i ______ __ f ,.. ·~. ~ ,t I ~~ ' .. ...,. •" l'~o\ /.,~ ... I .. '•" ' ;i • . •' .~. ,'• ' . ! ' i , .. . ' I . ., . ').,' ,, . l.t1' ·~ .j: .,_~ 1;,. ·"' ' 1 ' .. ~ \ •• J,• ,, • '' ., \ :a./> ... -. ..._ WelCh.:~ 175 No, sir. lr . ;· '. A I Q ·'faking into conside'rat'ion the work that was done out thet'e ' py the three of them, that is Marilyn Downey, Tom Downey and t • • '· Leo Downey, what is your vaiuation as'to the value of the work, • :!! z they put into the property? >( > .J >-Ul z z ill THE COURT: That excludes now the IL z'. 0 1-road and these othe'r things. (!) . z . X Ul >( := Q Excluding the driveway .. ~ . 0 0: the groundwork for that. He hasntt .asked him how mary 1-Ul e Ci .J >( 0 .I' 0 MR. RIDALL: I don1t think he1s laid ,:J .., :t >-,... ·hours they pu~ in. Ifhis.answer is going to specify N IIi 0: the number ofhours, then maybe he1s qualified to answ ~:>r. ill ' 1-0: '. 0 IL ill a: 1-THE COURT: _I agree with you. 0: ;) 0 0 .J < Q 0 Very well. W-hen did thew ork start out on 'the farm? ii: II. 0 A Well, when I came on the scene to help out, there, it was 'from e 152 on, we1re not talking about a number of hours; we1re ta~king about, a number o'f years that the work was done and w he could remember the.hours in those years·. ._Q We1re going to have to try to. About when did the work .start ' .. . out on the farm, as far as tqe. three DoWJ).eys are concerned? 176 ., . • ·!'" A of 152 or late 152. Q That wo'uld involVE: Tom and Marilyn Downey, is that ri'ght? A Rig~t., •• I Q: ' · C<3;~ you estimate how many·-times'a month or a year they would '' ' . . . ~ ~ .z < go out to do s oine~~ing on th_e fa~m fop ~.nthony Hohmann? > " .J ' .. >-A· Ul z It would u.s1Jall:y .be .e,v~ry weekend. z 1&1, D. ' i Q 1' .'. In the sumnier''and the~inter or w'as-it occasional? • l •· ' . • • :>, ... • 't . • J ' ' ' . • ! • . • ~ • In thew int~r -time Mari!yn.woul,dn1t' go out,. but Tom w oold go o t. 0 1-C) A . z X Ul A lot of times th~ roads~were bad ~rid Marilyn wouldn't drive < ;:: •,' ...: u a: 1-out. Ul e C•· .J Q ~ ~ Starting' in 1958;.when L'eo came back from California--- 0 :l ' . . ' . . '. r· ., I J: 1-. I' . THE'COURT: Mr. Terputac, I think th< t Ill ·' ui ·1/_~-·~ ffi· 1- .the idea is .tha.t 1\lfr;Ridall wants to know what the a: . ~ . ·'\. 0 D. ·w hours were on·the weekends, five hours, ten hours. a: 1-a: ... :l 0 u .J MR. RIDALL: The witness has testified < u ii: II. .that he cannot remember the number of hours. 0 e 1 don1t know whether he can (.. -~ or not. But Fm sayingyouwant something more speci ic. · ,. ·:MR. RIDALL: That1s his _testimony. THE COURT: I agree so far. But ''' ,· •, ------~--------u-----------~------------------------------~------.-.------------.~~----~------ '· ·Welch 177 t specifica_lly, he wa;nts to know 'some time in teJ;"fllS of hours, so that the~e could be a re~sonable' calculatic n . I on what was done. He's established he went out on weEkends ' I but roughly how inamy hours, did he put in work when he • went out.on weekends? I don 1t know whether he can ~ tell you or not. z < > .J )o Ill z ·z Q Let1s say on a typical weekend, .when did the Dow~ney1s go out? 1&1 D. i 0 1- How niany hours were involved and when wo'uld they come back: CJ ~ ·:t Ill A ' Well, usually, if .Marilyn and Tom were out there and I was out '·< ~ ti there helping, of course too, Marilyn would leave early. She1d ll: 1-Ill have her car. She'd leave early and g·o back in to prepare supper. e c .J < 0 Q ' Early, what do you·mean, early? How many hours, Sam? c :J .., J: .... A Well, shetd be outthere seven, eight hours and Tom and I wouU· ,... N ui be out there until dark. ll: 1&1 1-ll: 0 D. 1&1 ll: THE COURT: How many hours was that ? 1-a:: :J 0 0 .J A < 0 ii: . ' II. 0 Okay .• We1d.be ·a:ut there nine, · .. ten, f "" I .,. { .. ~ ·r~ J .. I .... 1 \ 't .J 1.• i" I··"· il.o£..·1·· , " / I ~. .>' f.. t ~ ( •f r·. •. • .r ~·" :e ,.. • ' • . • • l •, may be eleve1n hou~s a lot of \;{ J times. e Q Now, Your Honor, I am just ab;~t fed up with remarks, . t ' ·' o • I •f ·, J I ~ 'j ,.,. .._ j I • I ejaculations and everything coming-from t'he witnesses on { . . -~ ' " . ~ Mr. Ridall's .side. Now that~conttpued all through yesterday, ' • • ~ .... ~ .. I f ~ I_ and I didp't say a word. It's going. on again today. And I would request Your Honor to ask them to cut that out. '' ~ z ·< > ..J >-Ill z z Ill II. i o· t- Cl z r Ill· < ~ ..: u a: t-Ill c ..J Q ~ u c ::> .., :t 1-" .N cti a: Ill t-a: 0 D.. Ill It t-It ::> 0 u ..J < u ii: 11. 0 A A WelCh ,. THE COURT: I w9uld like to admonish he a~dieric e not. to i.nterject itse:lf into 1the proceedings. I think 'Mr. Terputac 1s point is well taken on that. . . . You see, we are here to try to get the truth, and rea~l), ·we don't need a cheering section in order to ascertain ,. what is right and what is wrong here. It's g9ing to h~v ~ ..to come Jrom the mouths of the witnesses. So we will ·try to keep decorum here and. everybody, we'd appreci te it if you'd be attentive and·not make any unseemly noises • ., Now after .1958, when L:eo Downey c~m~ ·back from California, do you recall how many days .or weekends' a month that he would go out? THE COURT: Mr. 'ler pu tac, not to interrupt you, but just for the sake of the record, whe he went out on.weekends, was that two days or one day on the weekend? Was that like Saturday or Sunday or just. Sund~y. ' . He might go Sunday or the other days or Saturday. THE-COURT: But only on_e, day a w eeke :1d. Yes. Sometimes he wouid go out the both days.· .. • I I' •, ' .. ~ " 178' '. .. • < z < > .J > Ill A ~ Q Ill a. i 0 1-(.') z ~ A < :: ~ .Q 0:: I-III 0 .J ., ~ Q " N ui 0:: Ill 1-0:: ~ A Ill 0:: 1-~ Q 0 ·U .J < A u ii: II. 0 Q A ·Welch THE COURT.: But on the average, one < ay. Yes. (Stenographer reads back the last question).· No, I can1t recall, .because he might have went out there when I didn1t know he went out,. see. Now I call your attention to April of 1971 at St. Clair Memoriia'1s-L Hospital, outs ide of Pitt's burgh, okay, Sam ? Okay. Will youtteill. the Cour~, first of all, who was in the hospital as a patientt at that tim:e? . ' j ·.1 Mr. Thomas Do~ney. And on one occasioJ?., "did sev~ral of you visit him in the presence of Anth~ny Hohmann? Yes, sir. · ··,· ' I, . f~ · · ,.. . • .. • •· r • 1 ,• 'Zt t -: , \ J !' .~ ~. ' ' i' ~\ -• I -!. •-~ ' "'1 • I • . -1 • J'' ~ ' • ~-t. J ._ . • J . Will you tell the, Court_.what,happenec_Land· wlio was there? 1., Well, we were in tlie sunroom-_·:.. THE COURT: April, 1971, Your Honor. We were in the sunroom talking to Tom, and Mr. Evanovich was sit:tting there and he was a friend of the family and we were talking to Tom, me and Mr. Evanovich, and Uncle Andy, I ,•, 179 I· Q Welch Anthony. Hohmann came in to visit and Tom was called back to the roo~ by a nurse to get medication or. some kind of a treatment, I don1t know What' it was, but it took about 15, 20 minutes and we wer~ just in there talking, how have you b'een, how's your job doing, and you know, all'that kind of stuff. Then Tom came back a_nd UnCle Andy·says, ."Chief, II he says, ''boy, you 1re looking good. " · He says, "I'm glad. you 1re getting better. I knew you came from good !3 toc'k ... I knew you was goir g ·to. get better." He says· to Tom, ~'You .know, Chief," he says, "I left everything in my Will to you and Jiggs." T.ha:t''s~wo.lq~tJhe called Leo Hohmann . . ' You. meai1 Leo Downey. Yes·. I'm sorry. Leo Downey~ And he says,· "For taking care of me when I~m ill, .feeding nie and doing my tlaundry .at 'times, stuff like that, through the Y~.ars." ·' ,. Now had yo'u heard these remarks about taking care of him. made on any other 'occasions;· Sam? . . ~. Yes. He'was ~ften.saying stuff like that; that whenever he [ ~ . ... would get ill or you know, take care of me or help me out, do this and that for me, he says, and Fllleave everythiQ.g I own to you and Jiggs for being so good and taking care of me. r • ' ' pver the years:· did you:heay Tom Dow,neyor Leo Downey or be h . of them talk to Uncle Andy Hohmann abou.t what they would do folr ~ . I i ' ., ., t -I . '~ . him dur"i..hg his.lifetim€/?; . 1 'J•1 ~ · ' ,;'rl .' •J •• J·· 1 ~ 1 '· r ·~# ~ .• • ,~ A/ t .,·· 180 A Q A Q • ~A < > .J ·>-VI z z Ill II. i 0 1-~ ~ X VI < ~Q • ' .,: u ii: 1-VI 0 .J < u 0 ~A :t 1-I' N 'IIi a: Ill ' 1-a: 0 II. Ill a: 1-0: :I Q 0 u .J < u ii: II. 0 A -- 181 Yes, s1r. How many times did you .hear that? Se ver_al times. As far as you could determine, was there Clinj arnangement betwj=en them? Yes. They were to take care of ·him whenever he was ill, feed • him, do his l~undry and really cater to him, let'him have the run of everything; like :the'IT. V., if he wanted to watch what he 'i anted .• ! . ·.'to watch, eat anytime he wanted to, really. Now a·gain, as far as you know, did Anthony Hohmann, during hit:; lifetime, pay or offer to pay anything whatsoever for any of these services or bed and board? No, he didn1t. ; I ; \".. ,If, t . • /. lj , !. t ~J: ~·" i·! " ~.. .. 1' ~ (Stenogra~he~ m~1;ks ·cl.arrri'a~ts I ::Ex~njd's' '"A.li'.~hd ''B")·: :. '• ·. '.· 1:• ~ . '. ~ . ,. 'J ?·r -'~ ... :. '!. Now, Sam, I'd like to refer you· to ttw& documents which I have in ~y hand .. First of all, Clai~arit's. E~hib'it""A.i' .' Now, Sam, will you identify that exhibit for us? Yeah. This is a bus that belonged to Leo Downey that he took oup.. for his uncle to use forstorage. I I' THE COURT: Just for the sake of helpifl.g us, tell us what. kind of bus..; it is1 because there are two· exhibits and both are buses. • --·--~----------------~--------------------------------~----------------~------- .... : '. A Q '. 'Uiip] rh Yellow Omnibus.; That 1s the title certificate for it. Yes. Will you· identify it ·by nu'mbers·; please? D5407916·. What state is it registered? Commonwealth of Pennsylvania. Now this identifies a yello·w Omnibus, is that r.ight? . ~ Yes. .. Do you:~J!IQW about a yellow Omnibus which that tielJe' certificate is for? f;:trm, loaned b'y Jiggs. That is Leo .Qow ney. .. . . ' Yes. And he bought this bus for papts,.,really: .. :And the one \-.. ~ •. ~~~ t~ ·'~ . bus had a rear· end that was worth to him, if he had to go · buy it for one of his trucks,· was worth $900.00, which. Anthony Hohmann sold to Clarence James Leyda. As far as you know, to whom did that yellow Omnibus 'belong all the tiine? Leo Downey. As far as you know, did Uncle Andy have any right to do what he did? 182 " •' .. :!: z < > .J >-Ill z z Ill D. i 0 1-I!) ~ :t Ill. < == ..,: u a: 1-Ill 0 J ., J: 1-,... N ui a: . l · .. ' .. ··' ur"' ,,... h • Q I now refer you to·Claimantls Exhibit '"B" and what is that document-? A . That1s a Mack Omnibus~ I can't see too good .. ~ should have glc;sse~. ·· • Q That's a title c.ertificate for another bus, is it? A ,. ' Q· Where .is it regis tere~? ... •' ' I • A Department of Revenue, Commonwealth of Pennsylvania. Q ' Will you give us the number of it? A C6300907 . Q What do you know about that vehicle, tfuat.ttiH.el. certificate represents? _, . ,. A That1s another,bus belonging to Leo~Downey. It was taken out tc I the farm and Tom Downey too,k -i~ out' there .. And it had a 10~ Ill 1-a: 0 D. Ill a: trans mission in it. worth $66o. 00 to Jiggs if. he had to go get anc her . . -' 1-a: ::> 0 ~ ·Q < u ~ A 0 Q A one for his truck, and he junked it. He sold it for junk. Who junked it? ,. Anthony Hohmann. And as far as you know---- ( .. .. ; .. ~ transmission w,as worth? $600.00 .. • •• :t. • '1-j ... ! • •I ' t ~ . Jf. . 1,. _,., j~, ~ '!' ~ • I •• •1 t ~\.) ~ '• • As far as vou know' ··did Anthony' Hohmann have any right ------~-------------------------------------------------------- A •• ~ z Q < > ..1 )- Ill z z 1&1 D. i 0 t- (.? ~ A I: Ill < ~ Q ..: !::! a: A t-Ill e 0 ..1 < 0 Q 0 ::l . ., A :t 1- I' N Q ui a: 1&1 t-a: 0 D. w a: t-a: ::l 0 0 ..1 < 0 ii: II. 0 Q e A Q . A Q A Welch to d6 what. he did? No, he did not. MR. RIDALL:. Are you asking him a leg 1 question? I don't" think he's qualified to answer that . . . Well, maybe I ought to rephrase it, Mr. Ridall. Was any per- mission given from Leo Downey to Anthony Hohmann relative to the sale of the trans 'mission for that vehicle? As far as I know, no, sir. , And you do know·.,it was sold. ' t l • ~~ 1'1 .. ,"'i. '1: /' . ' "''+.;"'j f, ' . '--~, ' 1 J,_I,·.Jf.•li•t•l; .,. ~, • r ~ . ., _ ~ ~ ~..t "' 'I j I do so. And to whom was it sold? f .It was sold for junk. , - Doffer those in evidence. .. '. f ; •·. h t' '_,. " -,. . '' f· l . .J .'t' 1 ~ • . . -• t ~ • -.> t i *:~·,. ~ .•. , ~ "· 1 ( t' MR. RIDALL: No objection. THE COURT: They are admitted. ' As to the rear end, to which vehicle did that belong, Sam? I guess it was the Omnibus. I don 1t know.· ' As to the transmission, which one was that? That was the .second one, I guess, you showed me . .Exhibit "B"? ies. '' 184 I I I ---------..--------------------;- Q A • ~ z < > ..1 )' Ill z, z Ill Q.· i 0 ~ C) z ' :r • Ill < 3: ...: u a: ... Ill e 0 ..1 < u 0 ::J ., :t 1-,... N ai a: Ill' ... a: 0 D. Ill a: ... a: ::J 0 u ,..1 < u u. u. ·' 0 e . Ut . 1 , l 185 . At the time these vehicles were out there, what was the valuatic n ... on each one? ' . I would say a{ter he would get the parts that he needed for his trucks---- ·' MR. RIDALL: If the Court please, I've .. got the same probl~m .as I had before. This man is stating valuations of tra_r:smissions and rear ends and soforth. I don 1t know if he. 'is qualified to give such· · testimony. THE COURT: I think your. point is . well taken. ,But you have to object, you know. ' MR. RID~LL: Pm doing that right now. THE COURT: In advance . MR. RIDALL: rwas going to ask him ~ ., ..,; on cross examination. Ldon1t want to be on my feet ~'-< ~. ;-., ., I J 1 I i • ' . ev:~r:y minute·. ,) was going to -a:s k hirp.----: '•"'t ,.~~ f' .~ " ~ j . ~ ~ ~ '. l'f ~ • t ~ ' • ·; J I' : l 4, ),. . -'j !. t. I • ' • • • 'J t -'''f . ' t'-t . ' 1•' • ,, - -l I( /I , ~ f• • • • j. ... , \... ~-' (,It t '• { ':!-~' §.lo.. r .... /",,I , ~·"' ~ ,;f ... / t~ ,.- ;~ .• . . ' ..... THE.GOURT: Do you want him to quali y it? ' r '•, ' . / .,.,. I ( -' • , " ~l_· ·.'}l,rl , ' 1 ~ ~ t • I -.~ , 14. ., 4'1 •• ·• . ' , ~·.)·~No. Just· let him go ahec: d and ask the question. . • ~ z o( ~ )o {j) z z Ill . ' D. Q i 0 ,.... ~ A :r {j) o( 3: .,.: u a: ,.... {j) 0 .J o( u 0 ~ A :t ... ,... N Q ui a: Ill ,.... a: 'o D. Ill a: ,.... a: :J 0 u .J Welch ~86 THE COURT: I'd like the record to shO'" the Court·is·willing to entertain any objections at any tim·e. I don1t want to cut off counsel. We are here to try to do what is right: ' . MR. RIDAL:J;_,: I'm not suggesting that yc u are, Your Honor·. What is your val!Jation on each,,vehicle? • • I! ~ t" f,. ~ ,1 • • ' • , • ~ .. ~· ~ • r: . ·A couple·,hup.drep· ,qopaps ,fo:r:·.ju_nk pr:_ke. • .. r.t , ·\• • ft.. .t . ··I'~''' '11~-tJ.. ~ • .. ·'I' ~ .,.,;. • ' -J • J' t ·, t' • f .. .. ' THE COURT: That's a couple hundred '· , .. """' fi.. '-? dollars apiece or~co~~l~~J:i~ndr~d,. doll~'rs for both.? • ' ""• .• • , ;~ . ' ... ' ' I Apiece. You may examine. ' ' J < \ u ~ CROSS EXAMINATION BY MR. RIDALL: 1 0 Q Mr. Welch, you testified at great length intimately about the lives of both Down~y boys. Now Pd like to go over once ' a gain your testimony as when you lived with them, who you· lived with and when. A I lived with Tomand Marilyn Downey in about 1952 is when I started to live with them. And we lived at Brookline .:Boule\z:ar:d . ' I 1 e I A ..: -~ a: Q ... Ill Cl _, A < u Cl ::J ., :t ... ,... . N Q ui a: Ill t-o: 0 n. Ill a: ... a: ::J 0 ·, u A .. .J < u ~ Q .o A Q A Welch 187 . ' for a short time. And then we moved to Kenmont Avenue . : THE COURT: Where is that? That's off the Bower Hill Road, Mt. Lebanon. Then we went from there to Somerville Drive, ·Scott .'~'ownship. That's again off of Bower Hill Road. And did you ask for how long? Yes. I asked you first' of p.ll, let me restate the question.· How long did you live in either' Downey household? I liv.ed with Tom' and Marilyn over a period for about four . or five years at least or more . This is from 1952 through 156 or 157, is that right? Yeah. I went ,to school: in 156. But when I came back home like on vacations~ 'I stayed in the house up until 161 when Igot marr'ed. {. ' I don't·understand the testimbny. You first said between 1952 ~ . ,. and 1956 you_liv~d in the Thoma's Downey r~sidence, is that correct? I I .. I, 1 ¥ es .... ·t, •, j' ' .., .!. ;.. , ;,_. • I lfroo;. ·.. " o-..\ ~ ~ .. '., . . f ~ j .~ 0 I .t : ·ti ~ 4' i.'. Did you live continuously with them during that period? Yes. l ·'!" .. ,j.,;..)l' I .., ~ r How about betwee~ 1-~~~ apq fK!J~,. w_hic.h date you just referred · 1 · 1· • · · --• ~· · r '· · ~ f . r t ,. • i'' ~ r ' ~ ~ $: l to? Did you live continuously in that household? No. I was at school. But when 1 came home on vacation I would live there. How many months a year were you in schooi? I L_ _______ _ll_ _____________________________________ ~-------- ----------------- 188 A WellJ we had the same schedule as high school-and public schoo ~ We had the same sched~le. So you may have been in school for six or seven months a: year. A No. :iJEhe way our vacation is set up, the time we got off, we wolld be up there in the wintertime too. 'And through the summer mon hs we went to·sshool, where the kids in p~blic school here gets a ~ ~ couple months off from s·chool. 1 Like.ma,ybe May· 29th or sometl ing' , ... , I~ .. I ' • .., • 1 { ;. / 1 -\ . *'"*' ·. . -f I • li 6 f ' I t ... • II: I 'ltlll. 1 ; ~ 'f. ,., ." • ·. ,"'~ ¥ ": • • , f • • ,.; ' ' i ' ~ /' r} like that, the scliool·vaca:tion··starts;~arid 1then it ends August 31: t •, or September. : ' I \ J . '\ ,: .1 '"II: ~ ' •• ' ~ ~ "' J • -\ -f f In any-event, for a number of months y ouwere at school during ' f .... i.. ~ I ' ,A-. _.these years, is that right, 1S6 fo'!61 ?A! 1 • • Yes. What happened in ·1961, y~:>U were married? Yes. Have you resided in-the Thomas Down~y residence, household -since 1961, ~;>ince you were married? Yes,, several times when I was ·separated from my wife and that. It was quite a few times. For what period of time would you say you were with the Dowm!Y's? Each time it was six months or a year at a clip . . . How many times did it happen? At least six or eight times. Where are_ you living now? ,----------n-------e-------------e---------------~~ ~ -----~---- Welch· 189 . . A E:i30 Baldwin Street, B;idgeville, Pa. · ' ... .. . Q How long have you lived there? .. A About a year. -. Q You are marr'i~d, sir, ·is that correct? • A Np. I'm divorced. I got divorced in '72. I, ~ Q z Did you ever live in the Leo Downey household? • .. \ < > .J >-A Ul ' No,· sir. z z Ill 0.. Q i You are· a cousin of Marilyn Downey ,right.? 0 1-C) A ~-.. .. Yes. :t . Ul < 3: Q That 1s Tom 1s w.if.e. ' ..,: u a: A.. 1-Ul 0 Right. .. < •• .J Q < First cousin . ~ 0 :J A .., First. J: 1- " N Q Are you a good friend of the. Leo Downey's:? ui a: Ill A 1-a: 0 0.. Ill a: Q 1-a: ; \ "' l ; ' I ; ( -~ .. Y e~ : : :;.-.. _·. ~. ·~ ~ -. _,,. '·.~,.,.~ -/.-~ r t ~ >t_ • "t -' • • ' • • • r.' ] '! I ~ .. : " I . • I i, ~. ' ~' ~-~'1.-: ....... -... ·,~\ F I, ..r, \ I,~ 1 •. , ... «.,-... ,~ \ 1-10-~!· p •• : .. 'f~, t .l .... ~~.· {t .~-.. Let's-say ina P,eriod from '1960 to 1971, you have given a good • ~1-- :J 0 u .J < u ii: II. . . . . (t ~~ . '\ . ' deal of testimony about ,Leo Downey. ·on what occasions did ..... · • ( ~-~ "'· ' ! . ·, l • t : · ' 'I · i · ·' -/ · you have, ·not livtng in."'hi~ ho~seh~fd, ·on. what occasions .did 0 .. t" • jt. t " •. ' you have to be with.·the·I:n~N-~nd·~;e4 iii:tn during .this period? What was your .assocation with him, really; during these years A Well, whenever my cousi~ Marilyn arid Tom would be going out to Monroeville to visit his brother, and I was at the house, they'd ask me to go along. And ther~ were several occasions th~t I was out to Leo Downey's and Mary ·F·· Do:w ney's house. Q A Q ~ A z < ~ >-Ill z z Ill ll. Q i 0 ~ C) z I: Ill < 3: A ,_: u 0: ~ Ill c .J Q .., :t 1-" N ui 0: Ill A ~ 0: 0 ll. Ill a: Q ~ 0: :::> ·o u A .J < u ii: II. 0 Q Welch ·190 ThiS is during the period 1960 to"71.wtJtch is just the number of years I just picked out. Your testimony is you w'ere there several tiilles. Yes. (". 'work with him. ,. ' ··, l.. , .... ~ .. 1 Well, did you have much o,cc~~io~ ~~r·se~· ~im;· dpring ·this period, •.~. "'~ I _l f' .... • other. than the vis its to his home that you -testified to? t· ; , '· . · , I ; .. , . . ;r, . · ~ l," • • .... ~"' • : j l ~ . f,4, t :, Well, we 1d go out to the farm a lot once in a while. i 1d go _~~" . ' . . out to the farm. Mr.· Anthony Hohmann would pick me up a .. lot of times and take me out to the farm . I suppose you had a lot" more occasion to see Tom Downey rathef. than Leo during these years. Right. 'W~W would that have been?. Because more or less whenever I was in trouble or needed .. anything, I sort of went to my cousin Marilyn and Tom. Now let's get into your testimony, Mr. Welch. And let's start in the back and work.forward. You were testifying about the : transmissions and the rear ends and the·junk vehicles, so on and soforth. Would you tell the Judge, please, when these things took place? That's not a fair question. You testified that, I believe, that as far as the rear end was concerned, that Anthorty le e " ' . e Welch. ' ' 191 Hohmann sold it. · A He sold the r.ear, end, yes • Q . What year was this, sir? A Q ~ A z < > .J ~ Q z z Ill 0. z 0 1-~ A X Ul ~ Q ..:· u A a: 1-Ul 0 .J ~ . ~. 0. :::> ., :t 1-"' Ill IIi a: Ill 1-a: 0 0. • 'Ill a: 1-a: :::> 0 u .J < ~. Q 11. 0 A Q A ·. Well, it had to be after Leo Ibwney was back from Califorrrita. · It was in the late fifties, wasn1t it? Yes. Or early sixties, I guess. You testified that that ~ear end in your ~pinion had a value of $900.00. . t . ' Right ... What is the basis of that testimony? Well, when I was going to plu!!lbing school,before I went into thE plum~i~g class:, I was in the auto mechanics, and I haq values . ' ' ~ ~ .fl t jl ~' .. , .. ori1s.orhe.transmissiorts .·.W·e worked with automatic transmissio 1S ,. • i" I "{ t 1 . ' ;.. ... I .. ~ -• I I -r; { ' ~ ,... ) ... \' I ~ ,.4 i ~ ,• Jl'. I. ·{· -.. '!..; t I, " / f ~ •' 'I ..,. __ t.; / ... < ' ,. 1!1' I ! • \ ~....... •-;. '-, \.._ (" ~ ">.' < .[/!' {.. '~-~: \ .. ~-~ ,41 "I~ ~' : • • Ill , ...... 4 ' I and standards for car_s. And you k~o~, ~ truck or a bus, a big~ er r'ear end, ·a bigger t~a.nsmissism is gc:i'ing)o be worth more than ~ I ~ • ·, l r : •. l -4' t -, 4 ; _~r-. . .· - . a car transmissio·n,\v'hiJh is ·w~r~h"'$180.00, $200.00, $300.00, ~-· ·, .... t. r ... ,. •.. ·t ' ". ... -~ ·. ~~ 'I t ~· f . • ( automatic transmis~ion. 'A standard WOUld be a little bit •CheapE r. You said something about auto mechanics. Is that a school or ,, ' som ething like that? They: had classes in auto mechaniGS up there at Williamsport . Tech, and I was in that class for two months before I decided .. on plu.mbi~g. Did that class deal with such subjects as valuations of• transmis ions? ·' They didn't dealwith it, no.' .. But the inst/uctors would tell us ---------..------------------------------ Q ::: A z < > .J Q >-Ill z z 1&1 D. A i 0 1-(!) Q .z :I Ill < A ~ ..: u Q 1!: 1-Ill c .J ::: u o· ~ A :t 1-,.. N Q ui 1!: 1&1 A 1-1!: 0 D. 1&1 1!: Q 1-a: :J 0 u .J < u ii: u. 0 A Q .. Welch this here· transmission is worth this. And we had a book on ·c different prices of the different automatics, the fluid drives; the\ \ t ·different d:r;,i'V.es: [.' , 1 . . J; ~ f -,._ ~ ; _/;, •' .~l _. .~ ··~ Now you sta:ted th~tlth~··C1eced'ent, Ap.th9PY Hohm~nr:-f; so~~ tlie • ' ·' ..., '.: ••• .-.:; ~: ~"' ' • ... ~-....... ~ • • ... ' ~ ~~ ~ ..... 0! ,., ..... t ' rear end. Yes. How do you know that ? . ' ' ' ~. lit~, ..... q ~ • I * !' ' ~ t t .t · . :r I was ·out there on the farm when he did. To whom did he sell it? Clarence James Leyda. Did Leo ever complain to his uncle about his uncle havin'g·sold the rear end ? I wouldri1t_know. Did he ever ask for payment of his uncle fo~-the rear end? I wouldn1t know that either. Isntt it a fact that L~o hEl:d been requested by his uncle that he r emo ve that from the farm ? You would know that, _ I am su.re. You spent so much .t{me out there. I don't think that he requested that, because a man that he had out there as caretaker had his stuff a:nd his food and his belongings 'in on'e and Uncle Anthony Hohmann had. his stuff out of the weather in the other one. Let me restate the question, if you know. I -•' •• I '• A ~ z Q < > .J ~ Ill z z Ill Q. i 0 .... (!) z A X Ill· < ~ Q. ...: u a: .... Ill a J < u a ~; A J: ... ..... N Q ai a: Ill .... ·a: 0 D.. Ill a: A .... a: :J 0 u Q •.J < u iL: A II. 0 Q A Q A. Q ·' W_elrh .193' THE COURT: Just so the record will show what you are saying, you are saying they_were. u sing the bus as storage,~ both· buses . Is that what you . . are telling us? Thatfs _right. Isn't it a fact, if you ·know; isn't it a fact that the deceden~ .. Mr. Hohrriann, didn't request, he deman<;led that Leo remove th t from the premises, if you k.n'ow? I don't ·know. '' .. Now letts move on to the transmission, which you state you . .. Yes:· A smaller trah'smission wouldtbe less money. l ., '_. .. , I, ,; 'I - . t ~ r t,. ~ ~ l. ..,. ,· , •. ,' .~ • ,.. You stah.e:cl that the' decedent, An'tliony Hohmann,· sold the 'I' -. ( ... transmission. · ·~ ,..:,~, · • * ' For junk . . ' How ?o you know that? I was out there. You were physically present when it was done? But I dontt know to whom he sold it to, but he sold it for junk. You were present when he sold it? Yeah, but I wasn't arou rrl . .I was at the barn, but I mean he sold it for junk . • But the question is, you were present when he sold it. 1 • .' ,I• ; 1Cl4 A No1 sir, not right bff him. • J! " ,. "• ;\ .#,; I How do y?u ~ho:v·. he s.bl~ 1~t !~en·~ · ·. '· ~ .;," ~ ,f It" " Q t' A Because there was a junk man and a· junk truck there. •r ~ ~ \. ' -~ .-j' :~· •• Was anyone else present at this time? .. ~ r<~. ...,., .. • ,: ~. ' .. / t i . ! •' t,." 11 ""' Q A 'i. . No. Just Anthony Hohmann.anc:l I. He,P,icked me~~Jp.and took ·. . • 6 ,_ ·. -li .r • ~ \ J .. ' ~ . * j .. \ '.. '. t .-1 .... j . ~ z me out to the farm that day. < > .J ' >-Ill z Q Did Leo ever complain to his uncle about his uncle selling z Ill D. i the transmission? 0 1-(!) ' ~ A Not a's far as I know . J: Ill < s: Q Did Leo ever ask his uncle for payment? ...: u a: 1-A I wouldn't know that either. Ill e a .J ~ u Q Isn't it a fact that the decedent~ Anthony Hohmann, had demandEd a :::> ., of Leo t9-at .he remove the bus. in which the transmission was :t 1-"' N located prior to the time that itwa~ ,sold? ui a: Ill 1-a: A I wouldn't know that. 0 D. IIJ a:_ 1-Q Okay, Mr. Welch. ·Let's look at something else. You testified I ' a: :::> 0 u .J as :to an ~'arrangement 11 between the Downey boys and the deced nt. < u ii: II. Do you remember. that testimony? 0 . e· A Yes. ' . Q Would you state. 9nce again what that arrangement was? • II ~: " • A Yes. ; he was ill or anything like that, his laundry, feed him and that, ' . and help him out, that he would leave everything he owned in ' . his Will to Tom and Leo; to Tom and Jiggs or Tom and Leo. -·-------~------------------------------~~~-------------------------- ~, ---------------------------------------------------------------------------------~.--~--- '' ' 1 Welch . ' Q On what ·facts do you base that-?' How do you know that? A Well, I was there when he told Tom and Leo together. ~ z o( > .J >-Ill z z Ill II. z 0 ... .Q A Q ~ 'A X Ill ~ Q t-:" ~ A ... Ill c . .J Q o( u g A ., :I: ... ,.. N Q ui a: Ill ... a: .o n. Fine. When did he say this? Several times. I can't' remember w hell~ ' _This is very important. Now I want you to think. You said OJ;! several occasions. Now I wa~{you to think when it was. I'm not asking for a date, Mr. Welch. I'm asking for a year, '' even . . . ; .. , ·, -,.._ In the summer of 170,{'to the ~;~t of s,our recollection? .... ~ '! (\'· ~ { J •' bl ' • ... 'Y-~~. 1 ... • • ;--. • ~ ~. ~. \. t (I ... -~ o'U ~ :. Yes. .. - .-., "' . _., • • "" (1 . "' You said. it was rri.ad~~o·n se"'v€}al ocdis\on.S in your presence. Y(_;u have cited an example of the summer of 1970 . 95 "Ill a: ... a: ::l present, Uncle Andy_was present and Leo and Tom·. _Is that rig[lt? 8 A .J o( u ii: Q II. 0 A Right . What was the other occasion? Well, like one time that I w"as out at Leo Dowiiey1s house; the same thing was said. Leo Downey was there, I was there, \• , .... ·. Tom, we. went out there, we ·were' going out to v:isit a friend of . his a·nd Tom says, ''We 1re going. to stop oyer at Leo's." And Uncle Andy wa's there,. Anthony Hohmann. ;.,, ._ ___________ _____._. _____ ~----------------------------- l ' "Welch 19() Q t • 1 'I'-f ~ ,.. • 'I· "' . I • . . .. ~ .... J ~ . ~ -.:i;, I -t t j-• • ' \ And as irntl~r ,st~tementt;was-.~ad~ ~j;tha}_tin:~'. V( hep;~1 1~70 :a~a 'r;! .. He 'died, Mr: ·Welch, as you:know, in the summer of 1971. I • • • •· -.,. ,. I That might be of some.hel'p''to·'you. l ;' /) ·_.,. ._-\~ .JI ..f' ' ' t ~ f I~ ~ 1 {., 'II : ~ ' '' I don 1t know i or. '.7 0. · " • .ljo -~~ .... ll .... l. It might have been 1 69~ .A ~-. I e ·Q Could it have been in '71? ,. ~ A z It could have been. < > .J )o Q (/) In any ev.ent, it was rra de late in the life of Mr. Hohmann. z z 1&1 D. A i Yes. 0 1- I!) Q ~ Now let 1s ·direct our attention to the episode at St. Clair Memorial J:. (/) < ·3: Hospital to which you testified,. which happened in April of ..: u 0:: 1971. 1-(/) e 0 .J A < u Yes . 0 ::J Q ., ' My. notes state that you said that Mr. Hohmann said -in your :t 1-,._ N presence---he1s ·speaking to---- .IIi 0:: Ill A 'I- 0:: Tom. 0' D. Ill 0:: Q 1- Leo is not there, just Tom, is that. right? 0:: ::J 0 A u Yes. .J < u ii:' Q II. This is what my notes say you said that .he said. 0 e A He said it in· front of Mr. ·Joseph E'vanovich. Q I understand other people were there. But .in your presence } at least and in the· presence of Tom and other persons possibly my notes state that you say he said, "I left everything in my Will_ to you and Jiggs .'" A Right. L---------------~----------------------------------------------------------------~--~------- ----------------~------- Q A I. Q ~ z < > ..I >-Ul z z Ill 0. i 0 t-(!) z i Ul < ~ •t-= u 0: t-Ul a ..I < u a :J ..., J: 1-" N .. IIi 0: Ill t-0: 0 0. Ill a:: t-a:: :J' ·~ 0 • .. u .J < u ii: u. 0 A Q -------~----------------------------~ -~-- ---------------------.,--- • l. T ~-. • ·I ~: f,· ; .• ~-. , t !# • I.~ Did he say, "I am going to le~y~ ·:~v~rytr,igg·, ': or' "I Jtave l~ft everything? 11 . f • ' t • ., ' . . !· ...... ~f' . $t· .. 1 .. .:: • ' '. • ' j•._,. "! 1 ... ~ . He said1 "I am leaving everytrli~g I owk td y6u1 and Jiggs." So he didn't say, "I left everything" then.' is that right? There · is a difference, Mr. Welch. There is a b~g difference_. And I think maybe---I'm not trying" to confuse you-..:.-if you 1d like ' . . ·to think about it. Do you know whether he said, "I left" or "I am leaving?" THE COURT: I think the Court, though, should say at this time, don't let your testimony be 'in anyway influenced cy any statements· of Mr. Ridall •. I You just tell the trut~ as you see it, because there might be a legal problem there as to the words "left" or "leaving," and so on. We could argue up into the nigh . . MR. RIDALL: .I agree, sir, but I am asking the witness, does h~· have any recollection of th~ language used by Mr. Hohmann.· THE COURT: You just recollect in you own way as truthfully as you can. "I left everything to Tom ·and Jiggs." That is consistent with .his earlier testimony. . . '. •• ' . ' . ,. :!: z < Q > .J > Ul z z 1&1 ll. . i 0 1-C) z i •Q) < == ~ u 0: 1-Ul 0 .J < u 0 :I .., :t ... .... N ui 0: 1&1 1-0: 0 ll. •1&1 0: 1-'. 0: A :I 0 u .J :!: ~ u iL II. 0 A Q A -·- "!" '. Welch ,. ·-198 . . THE COURT: I'm asking him to be ' truthful, but not allow his. testimony _to be in any way , influenced by interpretat.ion or semantics as to left or leave. ·We just war1:t the .. trutl).Jrom him. And then +ater on you attorneys can. argue. ~ • f • Right:~ We will argue·· the implications fr.bm his testimony. '! ~ ,'I • -~. '-r: t . . . A"'~ 'I . . ~ I' I'\· !. :' ' . J 1 •,.$ . • • t l - ' ; • ' i ' -·'!:. i ' ' 4 ~ l f-.• . 0 I tur'n;our attention;~9Mr.: .. W,elch, r to allly):mr ;testimony .. ·-r··-' about the work that 1-V~~. done on the H,ickory, Pennsylvania farrr. -.. ~ ' . . ;--: -.,. .,. ' "' . -~ , • , I· , r 1 And forgetting a'bout w~hat_yqu testg;~ed as. to what work 'other ' ~ ' t'\ t·. .l .• ' ~ persons ·might have done_,,1ce;rta,ir;lly y9u know yourself what you . - -"-. .,t· did. Now. would you give us ~orne id~a, during the period in question, and that is from the time he bought it in 1952 until the · time he died, the amount .of time that you put in out there and -·· how frequently, how regularly? This is not Leo or Tom. ·This is :tyir. Welch, you. ¥ou want how much t_ime !went out there? Yes. And Pm not asking for "X'' number' of hours or anything .. like that, Mr. Welch. I warit you to describe. as well as you· can the 'frequency of your ·vis its out there over the years. Sometimes Pd go ou'f during the week and a lot of times on both . . days. on-the w e:ekend. .. . . Would ,this be for the full 20-year period? No, because like !'was in school like I told you, four years in ,-----------------------------:---------:-::---------.----------. '"-': 1 "1 1~ <I • .:. , '1:' ,._ -1". ' I . I _J. • ·.' t ~ fl!si ~l '-...... ~·,.. 199 school. ... . ,:,-. ; I' . 1 .... ,t ( If i! ~ .. ~ : 1. .I Q Bl:lt ,the years that you were in Pittsburgh, are you stating ~J:lat yo~ spent one day a weekend e:very year out at the farm? ' Not every week, no. _But-! say a lot of_~w;eekends in a-row I used i to go out there for a period of, year_~; THE COURT: Just to be helpful, on the . average, h<;>w Irt_!lny :yveekends .a month or a year would you say that you wer.e out there? Be as specific as ym can, .. and still not pinning you down to an exact figure·. • , . • • r ' I'd say about five days out of a month or more. During the time you w~re in Pittsburgh~· five days a month .. Yes. ' . All day lo'ng you mean? When we were tearing down that l::iu ilding and hauling the block up there~ we were.going. out_there steadily.everyday. That took days to ,te.9<I'd the building down and clean th'e block and everyth ng. · . Let. me 8:Sk you, ·r think you ,,testified that you never got paid f01 any of that work. Is that right? Yes. Did you expect to get paid? Well, I ·sort of expected to. 1 didn1t w'ant to go ou~ there and ~ . . . get my clothes ruined and had 'my wife screaming at me, and she had to do the laundry,and not get~ing paid for it . ._ __ _____u __________ ~_____:_ _____ _ ----------------------- ------------------.--- Welch 200 Q This is a work that you did over 20 years, a great deal of work, according to your testimony. So your testimony is ' . that you did expect to get paid for it. Did you ever ask Mr. Ho 11manh to pay you for your work? • A Q ~ z '< > --~ >- .• 'II) z z "1&1 II. .. l '\ .. didn1t you quit? It'1 S·<?-~·free c9untry, .~s they say. .. -4 ~~·'.,o!'i.'f,.. ¢ ~. ,. , 1 -4' · I.:-._.. ~ i j>. 1 ' rt ' That's right. I only 'aid it because of my cousin Tom asked me tp. A z ~-I!) ~ _.. ~ ... f. I ,·./~~ He 'didn't everi sJppl)r""food f6~~·u~ ~t~· eat. We had to buy our own :r Ill < ~ food. ..: 0 a: Did you ever .. ask Tom for any payment for your work? Q 1-Ill a ~ A ·No. < --~ c :J .., Did you ever ask Leo for any payment for the hours you put .in? Q :t 1-r-N No, I didn1t. A IIi a: 1&1 1-a: '" Q ·Did you ever question thell!, ask them, "Am I going to get paid 0• II. IIJ a: 1- some ~im.~ for the'w~rk Pm putting in out here?" a: :J 0 u No. I didn't, because. it wasn't their place to w'orry about A ~ < ... u ii: u.• paying me. It was his . 0 Q . Did you ever have any discussions with Mr. Hohmann about the subject of ·payment for your labor? A Hew ouldn't-_:·_-..,. Q Did you ever have discussions .with him? ... A No, I didn1t. MR: TERPUT A0.' Your Honor, if the witne s ... -------- • ~ A < > ..J )o Ul z z 1&1 D. i 0 I-C) ~ Q Ul < 3: ...: u ~ A Ul c ~ Q u c :J -, J: I-t-N ui a: 1&1 1-a: 0 D. 111 ~ A a: ::> 0 ~ Q < u iL II. '. 0 A Q -------c---------------.. ur "'lf' h 201 ·desires to explain an answer, I think he should be perm it ted to explain it. THE COURT: Do you want to explain something? .. ·I wanted to explain, did I ever have talk with'Andy Hohmann:· about getting paid for any work I did. He w~uldn't discuss monEy. That1s how miserly he was. You would characterize hiin, you have just characterized· him as a miserly person . Right. ., Isn't it a fact'that over theyears there were a number of other family members who worked on the farm regularly in addition to the persons that you stated, namely, among others possibly, . . Mr. Befejchak, his sons, or: Mr. Joe Raab? It ·could be possible. I don1t know. I can1t accept that answer." You have testified that you were thEre five days a month everytime you were in the area and not out of town. I have seen·.Mr. Andy Belejchak out there a 'couple times, but br.:; wasn't working. He was driving around the farm, riding his kid~ around the farm. So your answer is you have never seen Mr. Andrew Belejchak workinP'. . . . -' ' . ,. . . . . . .. ------------------------------------------------------------------~----------------~~---~ Welch 202 I have never seen Mr. Andrew helejchak working out there at al .. , . Do you 'know a Mr. Joe Raab? .. • No .. / .. _.1 ·a.on1t. ,1· ,. • r, 1.~, ~ .t, #t /! • I ; ~~: I r .,t • I I. J ~ • .· j ~ '-}. f' ~ , , .; ,' . : . • ... ~ ~ J -)" ,. " ·.Did you ·eyer see ahyon€( els·e~other-.than the, pers·ons you mentior ed -.:, ~~ ;J )' -~ ""; ... · ~ ·, .,,~·_;. ~.,j. · . ..,... ::· '!\-~-r.-· ,¥_-.,. .• .. work on the farm? No 1 I didn't. What was your relationship w:ith7Mr·. ~Hohmann? You were 't-•• -~'~··'~ •• ~.~~~!~~ around him constantly,' obviously, because of the time you spen out there. ·were you fr}endly with him? , We wer·e f~iends, yes~ ~ ' t . Did you ever s'pend any time with him to any large extent:, other than on the farm? Because you have testified as to certain other m eetin~s with him. Well, you want me to go back to when I was about 11 years old, 10 years old? u"you1d like to answer it that way. . -~ 1 . My father knew hirll before I did. ·And one time he took my ~ather fishing and he had a Nash Coupe, and I was small enough to lay up· back in by the back window. And we went up to Pymatuhiro:g-~ and we W<;'lS only there a fe·w hours and we came back. I really didn't get to}( now him at all that. time. But if you think that's close or anythh1g like that--- Q .. Let's say from after 1952 when he bought the farm up until the time of his death,' normally would your contact be with him ,_ ___ ___!L_ __________ ~ ________ _j ___ -------- . 2b:i at the Hickory farm:? A Yes. Hew ould come to my house, wl:ten·I_ was married he'd corr. e to my house and have coffee and cake with u~ and maybe eat a ., meal and·stuff like that. Then he1d take me out to the farm ·with him and he1d say, ·"come' on, let's go up to the farm," ~ z < and I'd go. > ..1 ' )o Q Ul z · How frequently would he come to your house? z Ill ll. i A Not too often to eat. I can say that. But he did come occasion< lly. 0 1-C) Z. Q J: Did he ever just come on a social visit? • Ul < ~ A ·One time he came with Tom and we'daB. S., you know how ..: u 1!: 1-guys·do for a half hour to an hour, and Tom and Leo left. Ul 0 ..1 < Or, Andy lefL · 0 0 ::J Q ., Now just a couple final questions, Mr.' Welch. You testified as·~ :z: ,_ ,... N to several rooms which evidently Mr •. Hohmann considered hav ng IIi 1!: Ill 1-1!: built on' Leo's house. 0 ll. Ill 1!: A 1-0: Tom Downey's house. ::J 0 0 Q ..1 Exc·'!JSe me; on Tom's house. And you gave some testimony---- < u ii: II. do you know why· he wanted the rooms built? 0 A He wanted Tom to build a room'so.he could go there permanent y; that way -he would be taken care of. Q How do you know that?: A Because I was there and he asked Tom to do it. '' Q Asked Tom to do what? A To build two rooms on his hous¢ or a ·couple rooms. . t, : f •. .f ' ".' ' _. ,_, ' I ,.. •, ... I J . " I . •"' i. ,, . I • ~·-' , I , ..... I ~ . ' ' ' . ~. ~---;-----T~---------------------------------- • Q A ::·Q z. <. ~ >-Ill z z Ill a. A Q. A '. Welch . ' What further statement did he make to .Tom· at that time? ' ~ .f' • ~ .... f. t ! 1 rtc • ,.. <To~ sa i~,}: '.~ .. d9n, 1 t ha '-:,r'·,th.e1\~~hey, U ride/'.: He said~ . "If you . • • ~ ~ • ; t l I ,.-· .• ... • I, , ~ I t ,• "" I' l .f .. ' ~ • ' ~I ' \~ ~ • ~.~ f ~ t ' f_ t-~ I ' II-IJ I have the money, okay, ,Jill do it." And then Anthony Hohmann-- t ,.. ' . . . f! •• there was no further dis.cussion on his· part that he would give. t r'/,. ·; ,! / r,' 1 ' : ' l.... f,; 1 ..• .. • f • ,I; l t l • ~· ~,. 1~'t·~"' him the mon~y or 1t~othi~g._ .· \-~\~ . , • , . ~» .. \ ( ' .. ,_ • ':. l t· !J ' •··• "l ~ '·I< . I think you testified. that Mr. Hohmann w,anted tl).e rooms ,built . ', so he could liv_e there and they could take care of him. Yes. ''"· My point is did he teli that to you? Mr. Hohmann, did he tell that to you? He said that to Tom and I was there. 204 You heard him make 'the statement. Y.ou heard him state he war ted ' '• the rooms 'built so that he could liv·e there. and they could take care of him. ' A Right. ' '' .. . Q I have no further ques'tions, Your tJ;onor. ,\• THE COURT: Any redirect, Mr. Terputac? MR •. TERPUTAC: That1s all we have, Your Honor. THE COURT: ·You may be excused. (Witness excused). .. • •• Janice Downey JANICE MARIE DOWNEY IS CALLED AND DULY .SWORN. DIRECT EXAMINATION·BY MR. TERPUTAC: Q A Q z ~A >-en ~ Q Ill n. gA 1-<!J z ~ Q o( ~ ...: A u a: 1-~ Q .J o( u A 0 :::> .., ~ Q ,... N -~A Ill 1-a: 0 D.. Ill a: 1-~ Q 0 u ~ A ·u ii: .What is your name, please? Janice Marie Downey. Speak up, Janice. How old are you? I am 18. And who are your parents? Mr. and Mrs • Leo Downey . ' Where do you reside? ' I live in Monroeville. Did you know Antliony Hohmann? Yes, !did, verywell. From about what time? We moved back lBre from San Francisco when I was around three years old. I've always known him. As far as you can remember, you have alw.ays known him. Yes. II. 0 Q Now from the time you were a young girl, try to ~ive the Court A Q A an idea'when your recollection is pretty good about what you remember about him and about what 'age:s wer~ y'ou .: Around ten. That would be a~C?u~ what, 1965'? . Yes. .. .. tJ, . ~. j ' ; . ~ . '' " • ' ( • ' 1-I . .. · '\ /~} J ;{'!-~-~ . . . ' ' ' f ' r 205 .• I I e . ' • e Q A Q o:( zA o:( > .J >-Ill z z Ill D. i Q· 0 •I-C) ~ A :X: Ill o:( ~ Q: ...: u a: A 1-Ill 0 .J Q o:( u 0 ::J. ., :t ~ " N A ui a: Ill 1-Q a: 0 D. Ill a: 1-A a: ::J 0 u Q .J :: u ii: LL. 0 A Q . A ',,. .. t, . , r J I ''· ~ ~ .T::l n"i.~·P llnu;nP·v·. ..... .. .... , __ 1t l ~-~· .. :~._..,.. 4/"'~~}·~ ... Y.r-~, ... ~'(--.,1 I+.<-~ 4 --t_,F ~t t-... '· -l .... i +.: ~-~ ~ -~.~o·J ..,t $--·~-~· ·~ 'l,~-J J' .. r .. ,. How often did An~hony flohmann come to v·is it at your mother ~ -.~ . ( ' ;1 ,· ' .... and dad! s hou se ? . . ~ ~ . ,1 • t • . -i .f;' •. '1 s~-fi . .t~ r f • ~ ~ ~ ... ' ~.r. It • Jl ( l He was around quite often, around three or four times a week. !' ·" i ~. ' 41 ~~ .J.I t :f~.t~_; \ t ~-~,.~~ When he would come, approximately how many hours would he stay, if you remember.? Well, he stay.ed several hours on weekends. He usually spent the whole day. At this time, did he own the farm?. Yes, he did' .. Arid to your recollection, vyas he retired a"fter 19o5? Yes, he was. Do you know whether or not ·he spent any time at Tom and Mari yn's house? Yes, he did. As far as I know,· he did. Would you go over there occasionally? ·I Yes. He. visited quite often there. Did you have, o~casion to go up to Mr. Hohmann's farm at Ricke ry at times? I slept there ve:r:y ma~y times . And between what periodof.tii:ne are we talking about? What years, Janice? Well, w·e always went out when I was small. And up until he died, we went up quite often. o Who is we? •,- Janice Downey 207 A· My -family. And a lot' of times Unde A~dy, Andy Hohmann, he ! ,, took us out, you know, to the farm. w,e· w_ere supposed to go out ' . to see the horses, •whi_ch there were no-horses. We ended up picking up apples off the ground, working • • Q' Do-you recall what if anything your dad, Leo Downey, did out :! z at the farm? <( > .J >-A Ill I remember, for some real'?on, I don!t know the reason, he was z z Ill 0. i hauling l.umber out. I remember he ha~led lumber out, and he 0 1-(!) ~ was taking the dump truck out f~ll of a-ll kind of gravel and I: Ill <( 3: everything . ...: u 0:: Q 1- When you went out to ·th~ farm~ in whose car did. you go? Ill • 0 .J A I <( ~ ·Well, .when !,went out with my family.it was in my family's 0 :::> ., . . car. When Uncle came to pick us up, me and my sisters, just :t ... " N went out with him. We went in his car. IIi· 0:: Ill 1-Q 0:: How old were your sisters in relation to your age? 0 0. Ill a: A 1- "'- a: :::> One is thre:e:._years younger .than ·I and the other is four. ' - 0 u Q .J Four years· older? < u ii: A II. No, younger. 0 . ' e Q How about your brother'? . . . ,. r I& ~ Do you rec;cill_tha~.h~ was out _at'th~~ :t;,rm, at tim~s; 'i~_YO.u remE~ber? ' ./: ~"' t ;,. ·~ f . , f . '~"\f ~· -<: :. .,.. ~ ,, ' ,•' L I ~ If ----,,to ~·.' • / ~I I t~ o , • -~ ; I ~ ~. Not really 'can I t'emember, because he was •m the serv1ce·. . l · A Q A My _brother is 13 years old~1than I. .,r Q Now when Uncle-Andy, that is ~';1-thony Hohmann, would come f" -~' "' I • • .. J. • ... ~. .. • I . I • ~ to your m-&me and dad's house, what·would be his routine? ----~~__!_!__~~~~~~~~~~~~~~~--- I ' . e ' \ e . ~ z < > .J >-Ill z z 1&1 a. i 0 t-(!) z X Ill < 3: ...: u a: t-Ill 0 .J < ~ 0 ::J ., :t 1-,.. N IIi a: A Q A Q . A Q -~ A a: 0 ll. 1&1 a: Q 1-• a: -::J 0 u .J < u ii:. A II. 0 Q A Q A ,• ,--~~~~''' ~.~~~~~j·.~.----f~.--.. -.\---.. ----------~~~~~-----,-•. ~----~------- • • ( I "'~~ ~• ~ r. ~ ~ ~··· ~: f i' .,}·i.~ ~t! f f ~ • '! •. Ja nic ~·:Downey 208 . What did he do? •· / J :: I> 1 t""f •.... ~ i -t 't ( ' If . l < ./ f f.t • J I·. • • • ~ ~;.,' ,. '• 1--i. Watch T. y. and eat.. '\;( > • ,. To your best" recollection, how· many meals did he take at the house? He was always there at dinner time. ·He always made it for dinner time. He 1d w·ait kind of like· his food digested, then he'd have his dessert, and then later on in the evening he alway had to have a sandwich and coffee. Whi:m he would_leav.-ee in the evening, Janice, about what time w~s it that he would. leave ?. Usually on week nights, it w'as'around 10:00 o1clotk, 10:\30 . . ' -~ And on weekends ·it was a little later after the news . •. To your recolle'ction, did he go over at Uncle Ton; 's-place .. once in a while?· .. , . ' . .. ' ( .. Yes, he did~ .. we"'ll, did be come to your plac~ ~fir~'t or Uncle Tom1s fir~t or did he hav~-any routine_? I didn't know what his routine was, 7ou know. Like every_ other . day he was us ua.lly up at our house. How about. on birthday parties and holidays and special occasiors? '· ... ·. . . '' ; Did Uncle Andy attend? ' Yes, he did. He was never forgotten. Were presents given to him Iy any members of the family? He always had a larg·e present from my·mother and father, and Janice Downey 209 one from me and my sisters. -W·e each gave him a separate, small gift. Q To your ·best recollec.tion, did Unc_le Andy bring a~lY gifts ' for anybody? No, never.- As far as you can remember. No. Now I call your atte.ntion to' the time that Uncle Andy mentioned about his little black book. Do you remember that occasion? . ' Yes, I do.· Janice, about what year was this? ·He was at our house ill; that was ·in 1970, Chri~tmas, in December. He had like almost pneumonia. He was very ilL And we gave .. . ·him all his gifts and we were all in the livingroom, my brother . ~ . . was there and my sister-in-law and rriy whole family. Were your mother and dad there? Yes, they.were. And we were bugging him to open· up his prese ts and he says, "No, this goes out to my farm,'! he says, 11becaus~ I'm marking"down· in my book what everyone gives me from the ~ .t . ~ ... ~ -I, 4' ·t. · -· fi ~,_ ~) ' II,.' 1 i :.' fZ•. I " .l:, r family and. ther;t yo~~w:ill get your's hare .qe~au·s_e·'your;.fath~r,:and your Uncle Tom will be left in ~y ·Will. 11 ' • ~ i- Q I callyour attention to the time of the $'10· ooo,too check. When ... ·~ " ~. .. ' ' .... .; .~ .: ,, did that occur, to your best recollection? ... ... ~ ·• 1 t : . -; .. ' 7~. :, • ': • . 1-': ' ! ',l ·_, '? ' A It was in the summertime. . I I. • Q A . ~ z < > .J >-1/) z z Ill Q, i 0 1-C) ~ X •.I/) < ~ r-:· 0 ll: Q I-I/) 0 .J A < 0 0 ~ Q :t 1-r- N ui ll: ~ A ll: 0 Q, Ill ll: Q 1-0:: ::J 8 A .J < u ii: Q II. 0 A Q A Q A . . t•:;. •·. j"l., ••• ,. ~~-Janice .Dow ... ney. :' · ... •·.· $ ' . ' ' . ~ .... 210 W!Iat year , Janice, if you r.emember? rt·had to be 170. I believe it was 170, and he showed me a chec . ' ' We were at the farm and we came back, and I happened to walk . 'into the ~ivingrodm and he di<;l; he says, "~ol?ld you like to see this? II And I didn1t know what it was. I says, "What-is it? II He says, "This is a check for $10, oo.o.oo.'' I kind of kidded ' get your share of that because this ~goes to your father and ;wour ~ Uncle T'om. ~' And'around.thr~e weeks .iater,. h~ showed ·me anot er • + •• . .. checl<; for $15., 000.00. What did he .say about that check?· ' He says" t'liisialsdgoes to my Uncle Tom and my father . Did you 'ever ask him what he· was going to do with the checks 01 did he tell you? . He was going to deposit it in"the bank. Who brought the' subjeCt up about the checks·? l • • I He did . Were yo'u home ,at mother and dad1s place during 1968. when Uncle Andy was. ill? 'Yes1 Iwas. Do you remember _when he w"as ill? · .. -~ t r ~ , Yes" !'do. Who took care of him? My mother, bothl my rrioth.e~ and ~y father. But my mother e . . •. ,. ' < •, e . ' Janice Downey constantly watched over. Q 1 Do'sm:t remember how many days or weeks he was ill at your place 7 A He·was there in 1968, ar·ound three weeks. .'Q ~ A z < > ..J >-Ul z z ~ Q i 0 ~ A z :I: Ul < 3: Was he ill in 1970 ? Yes, he·was, twice during the year. In February he had broken or cracked ribs. Where did he get those from? He slipped on the ice going over to his car. And my· mother and . .. father took him down to the hospital and: had him X-rayed and ,, '• . ' ! ' 211 .. ' .. .. . ...: u a: got his medication for him. And .he stayed then about a month .or so. ... Ul 0 . ..J.Q Now.did he also have another cold or illne'ss· in December of 19~ 0? < u 0 A :J Thatts when he had almost the pneumonia . ..., :t t-... Q N Who took care of him on that occasion?. ·u; a: A "Ill ... My parents did. a: 0 a. Ill Q a: . ' . .. And where ·did they take .. care of him at, in the house or where? ... a: :J 0 A u • . ..J < u Q ii: II. 0 A My parents' house. . ... .,, : ..... . ', ~ j.. i ' I ' Q A In Monroeville. Q In 1968, where was he taken care of, at which house? A In my parents t home in· Mqt).roeville. Q ! What is the name .of the street?. I • '~ ' z o( > .J >-Vl z z Ill D. i 0 1-(!) z i Vl o( 3: ..: u it· 1-Vl 0 .J o( u 0 :J ., :t .. ,. ... N cri a: Ill A Q A ~ Q A 1--' a: -~ Ill a: 1-a: :J 0 u .J o( u ii: Ll. 0 Q A Q A Q Janie e Downey 212 Lynn Avenue. Did your parents_ have a separate bedroom or·a special room for.this or what? '. Well, we onlY. have thre.e bedrooms. They are all occupied. .. But downstairs, we have kind 'of like a reception room where you walk in from the.front do.or, but the way our house is, everyone ·-usually uses the back door, and we had a cot in there, and it was private enough that he stayed 'in that room. Now·, Janice, I am referring ,again ,to the farm. When you folks would go. out to the farm, was anything done by Uncle Andy to prepare for m re.ls or anything out at the farm? Definitely not.·. _My rriother packed us a lunch. when we went out t ' ' And when we went to see the horses a'nd picked up the apples, while we ~re picking upapples he ate my ll:Jnch and my two sis ers • and·we only had maybe a half sandwich. We didn't eat a whole lot. He didn't take us to a restaurant or anything. When we ' went with my whole family, my parents always treated him to· dinner. . Who paid for the dinner when your p~rents were there? My father. Do.you· recall at any time,. did Uncle Andy Hohmann ever pay . 't • •. . < • '. . for a meal? No. . . ' At the.fa;r:m hou·se or where .ever h~ live,d out.at the farm, do ' ' t ;f. ~ •! • f • \ '. " ~ "' .. ~ ~-. ·~ t.... f .. ·~ ~ ·,, •j ; ' ' ' \ /tJ., / I \' -.• •• A Q ,, A < Q z < ~ >-A Ul z z Ill D. i 0 1-' ~ Q :r Ul ~ A ..: u a: 1-Ul c ..1 Q < u c :J .., :t ... ~A ui a: ~ Q a: 0 ·. D. Ill a: 1-a: :J 0 u .J· < ~A 11. 0 Q A 1'-: Janice Downey 213 you recall occasion.s when un'cle Tom and your Aunt Marilyn were out there? ) guess I do. Did they.'help.with any of.'the work out there? Y e~·. they did· ... ., . What did they do, if you remember?. I remember one time they were there fixing the barn up inside, kind of l~ke paneling it to. keep the heat in. Who was doing that? My Uncle Tom;;and my Aunt Marilyn was doing the small work, nothing heavy. But she was helping out very much too. W:ho help'ed with, y,ou know# the inside of that little house he hac, cleaning that ·and things like th<3.t? Do you remember that? No, I don1t remember that. Jv • f<t ,J ~I I Now with regard to Uncle Andy Hohmann at your 'mother and • ,_ ~ t ( ~ 4 •. " t I ~~~ f J t '. ,. ::j. ' • t• . •f ' ~ ' 1: ..... ,, f • ./ '): -l . r . "" / t " ~ I f ( ~. , I .ol J ' ... I It .;.. ..: ~ . I ("' t ; ' I dad's house, was •there any!•problem relative to your: parents 1 ,. furniture?~ ' ' ' ' ... , J I When he ate he----.•' • f .. ~ .; I ' ' : ' -..., ' l ~ ' ~"' .~ q, It t Who is he? Unc.le Andy. ·He kind of slouched in the chair. He was bald-hea ed but it left grease :r:ings on the back of the chair or the sofa. And for·this·reason, ·my mother had to go out and buy new covers ' . . for the chairs. ~nd he smoked a pipe and when he cleaned the · · pipe h~ always blew the hot ashes,all these.black marks were •• Q .A ~ z o( > ..1 )o Ill z z Ill ll. Q i 0 t-Cl A ~ :I: Ill o( ~ ...: u Q 0: t-Ill 0 ..1 ~ u 0 ::> .., :t ... ,... N Janice Downey' . all o.ver the rug. The rug was burned. They had ·to buy a whole new rug. I . ' . Do you recall if anythin'g ever happened to Aunt Marilyn's couch? If I recall; she had some kind of-~,..I 'forget if she sa"id it was ' . . ' Spanish or italian, it was the type· of furniture it was, but he ·'· ·complet,ely ruined it1 I .. 'mean. by the filth on it. from either his ~ J ; ..., ~ ,., pipe or his body. What h~d to be done about that· .. ccuch, :if you remember? It·was the type of :n:a~erial th~t really couldn1t be deaned. Ther ~ was nothi~g you could do with it. You may examine. I < 'ui 0: Ill t-o: 0 €ROSS EXAMINATION BY MR. RIDAL"L: ll. ~ Q t-o: ::> 0 u. ..1 o( ~ A II. 0 Q A Q A Q A . Janice~ I gEU the impression from listening to your testimony \ that you didn1t like Uncle Andy •. Am I c,orrect? I' ·No;· you are wrong. You·did like him?. He w'as rn:y great uncle. I know that. But.you likeg:him'? ." Yes. ';,.··\ t'} (' .. ; Do ·you thip¥. he w~as a· goo~ pers.on? , . . ( ~ !. t I ' ~ ·~ J ~~.. • ;1. I ' ... v I .. I ~ i ~ J -,. • "-~ $\ I'~ • l i/ ~~ ;. •r ,., • .I " , .• t-· '·. * -1 • ~ ..._ ..... .r • ! ~ "' . ~· ,_ . i ,~ _, . ,., ~ ... ~.. +., • j> I' r.. r I , • He~1 never harmed me m an~.way. He never did anything, I had .. ·:-. _" I ~ ; ' .. 1,. i -;, ... ~ r' t ,.~i ,.F ~t ... ; • ..l J 214 e ~ z < > ..J >-Ill z z 1&1 a. i 0 1-~ ~ :t Ill < ::: ..: u a: 1-Ill 0 ..J < u 0 :J ., :t 1-,.. N rti a: 1&1 1-a: 0 a. 1&1 a: 1-a: :J 0 u ..J < u ii: II. '0 ·- no reason to dislike him. Q Did you have any particular reason to like him? A Well, I was taught to respect him, that's right. He1s older than me. He never did anything to me for me to dislike him. Q Do you think he was a miserly person? A Yes, he was,. definitely. '• Q Thatfs all~. Your Honor. THE COURT: Let's take about a ten minute recess to give our stenographer a chance to rest. RECESS .• . ' -·~.. . JANICE DOWNEY RESUMES THE STAND.· ·. \ ,. /-. CONTINUED CROSS. EXAMINATION BY,l~(R)RiDALL:· 1," . . Q Janice, do: you think Uncle An~y .. like,d.cl:ildren? _ • ... ~~ I #. r t 1 t I ~ i I ., • • 1.-• • ~. ... ll • 1" A Yes, sir, very much. Q That 1s all.· THE COURT: Any redirect? MR. TERPUTAC: No~ thank you. ... ' . MR. TERPUTAC: At this time, Your Honor~ I would call one 21'S '·· I +_f, 1 e 216 of the claimants, Thomas Downey, to testify. MR. RIDALL: If the Court please, the appropriate time for making my obj.ection may be after hers s~worn in and gives his narpe, I assume. ~THOMAS F. DOWNEY IS CALLED AND DULY SWORN. o( ~ )o Ill z z Ill '•'' f.,. . ~MR. RIDALL: , . If Your. Honor please, at this .time Pd,like to ... 't' l ,,., \ .,. ,,, . It • 41 ; t ; • • J # ' ' z 0 ... C) z l: Ill o( ~ ..: u 0: ... Ill Q .J ,o( u Q :J .., :t 1-,.. Ill IIi a: Ill ... a: 0 D. Ill a: ~, '..-' I, .. ~~~ ,t"' .,tj~ 6-f :,}' oif;. ~f,, ask ~ounsel fo; the clafrruints~ to mak~e an·offer as to what he ' ' "'·' proposes to prove through the testimony of this witness. It is ' .,J ' ~ ~ i ~ """' '~' i ' 1 f" f ~ I • "I my contention. that this ·g"en'd~'mah is -a· J1aimant in these proc eedirrgs, . t. ·""'· J -.. • . ' ! •tr his interest is being litigated -in these prdc eedings; that under the Dead Manrs Act of May 23, 1887, he is incompetent to testify as to transactions occurring prior to the death of the decedent. ... ~THE COURT: Do you want to make an offer, Mr. Terputac? 0 u .J < u ii: II. 0 And if so, do you want to make it out of the hearing of the witnes:;? SIDE BAR, recorded as follows: THE COURT: At this time, Mr. Terputac, I understand you want to make an offer in regard to Mr. Thomas Dow neyrs tes timbny. MR. TERPUTAC: As to Thomas Downey, we propose to prove .,. Side Bar Conference our case in chief by him from the time he _first remembered Anthony Hohmann until his death relat.ive to ~ed, board and other services rendered by not only Tom and Mar.ilyn Downey~ but Lee I and Mary Downey. Now alternately, if Your ·Honor rules against me on tha , I would propose that Tom Downey' and the other witnesses may be called to testify not as to their own case in chief, ·but as to . the case in chief of the other claimants; so that in Tom Downeyr case, I alternately argue thatLhe should be permitted to testify as to.what Leo and Mary Downey did for the decedent during this period and to what valuations there are and to what agreemEnts if any there are. MR. RIDALL: ,. . . , . -t '.,' ' .... ; ' ~ '~.. t .;-J I' ' ~ -~ .~ ~ ·"' ' ~ , .J.. I .(f '.II' ~; , , • .f· _· ~ I I, , ) .. I 'I · • 'i ' <>'I ,·t:, •' ..,, •'1 ·1 • .-·t -,• -\ ,...,. :r ".t(o.. "· ~ • ' .. -~ . .,.,;1-'.t ~<~ J -~.,. t ,~ .. -.... ~~ .. " -" If the Court please, I would object to the 217 t ;.. "~ .. receipt of any testimony:frob .this witness over the other claim~ nts. .... 4."" .,, ... ~-i_', • ·; ·~··· ,·, -· • .. ~ ;/ -i ,. ,1 l • ' . 'i j ' of events transpiring ·prior to the death of the decedent. THE COURT: On both alternatives? MR. RIDALL: AJ;lsolutely. I will speak to the second alternctive. The first suggestion, of course, was _the testimony to prove his case in chief from the beginning. I would object to receipt of any testimony there of events transpiring prior to the death of the decedent on the basis of the Pennsylvania Dead Man1s Act. 218 The second proposal, my objection is on the same grounds. The Dead Man1s Act precludes all of these claimants from testifying. The point is that the claim of Thomas and Leo are intermingled and intert~ined. The interests of all claimants are being litigated in this proceeding. If he were permitted to get away with this argument, it would be the greatest boot strap argument Pv~ ever heard of in my life. It would render the Dead Man1s Act a nullity. lt1s an interesting q~estion. If he had separated this case, Your H'mor,; if Tom's case had been tried alone;. it1s conceivable he would have an argument that Lee could testify. But itls not. These claims have been consolidated for purposes of litigation. All claimants are parties. And I simply state that the Dead Manrs Act renders them incompetent as witnesses. THE COURT: ·I will have to say I will sustain your ?bjection because I do think the. claims·are tied together; that he would •. be te.stifying.for himself, because it seems to me that 'the testimony indicates so far, from all the other witnesses, that .. the uncle was going to take care of both of them in the same breath. In other words, he didn1t say, "Pm going to take care of Tom, 1' and iri 01ther cadences: "I'm. going to take care of Leo." It was always, "I am going to take ca·re of Tom and Leo " I will have t'o sustain his objection. • I •.. I ----------------------:---;------------------------------;;---- 219 MR. TERPUTAC: Exception noted'. Your Honor, at this time . the claimants rest their cases~ MR. RIDALL: 1 have no motions to :ffiake: '' ' . ~. ' e I (End of Side Bar). '' .~ z < > .J >-Ill z z Ill 0. i THE COURT: Mr. Terputac, ·are you going to propose Leo 0 t-~··' ' C) ~ X Downey too1 .,or just Tom? Is L'eo here_? ' Ill < ~ t-= u MR.· TERPUTAC: Yes, he is, Your· Honor. The same offer 0: t- ,--Ill e 0 .J < u prevails • ... 0 ... ::J ., MR. 'RIDALL: The same objections, Your Honor . J: t-,... N ·-IIi 0: THE COURT: ,Just to protect,the record--- Ill t-0: 0 0. Ill 0: t-0: MR. TERPUTAC: And also, to Marilyn Downey a.nd Mary DownElY. ~' ' . I ::J 0 u .J < u ii: THE.COURT: We will sustain the objection' as to all . II. 0 . ' witnesses and we will assume for the sake of this ruling that e · the same proposal and offers would have been made as to Leo ' Downey, Mary a~d Marilyn Downey, who are'all claimants in this' matter. So the Court is sustaining Mr. Ridall 1s objection , ( as to all four proposed witnesses, just to keepthe' record ' ~I straighL ->~ • Leona .Belejchak. MR. TERPUTAC: LEONA BELEJCHAK IS CALLED AND DULY SWORN. z ~DIRECT EXAMINATION BY MR. RIDALL: ..1 >-Ill ~ Q Will you state your name? a. gA ... My name is Leo~a Belejchak . Cl z ~Q <( • Where doyotl reside, Mrs. Belejchak? ~ f • .:A I reside at 308 Edgewood Drive, Turtle Creek, Pennsylvania . u 0: ... ~Q Are you married? · ..1 <( ~ A Yes, I am. 0 :J ..., :c Q .... I' And your husban?1s name? ... N rti A 0: Andrew. Ill ... 0: 0 Q Q. Ill Is he present in Court today? 0: ... a: A :J Yes, he is. 0 u ..1 Q ~ How many children do you have? u ii: II. 0 A I have four children. Q Would you give me their names,_ please? A Donna Drenning; Q ·. That1s a daughter, Drenning. A Yes. Another daughter is Karen Guinn.· And I ,have a son, Phillip Belejchak. I have a son, ·Aibert Belejchak. 220 ----------------~------------------------------------------------------------------------- Leona Beleichak ') ') 1 ·Q I believe you are the sister of Thomas and Leo Downey, two of the claimants in these proceedings. Yes, I am. And I also believe that your children, Phillip, Albert and Donna are three of the seven residuary beneficiaries named in Mr. Hohmann1s Will. Yes, they are. You were not named as a residuary beneficiary in this Will. No~ I am not. How long have you resided at your present address? I've been there 20 years. What year were you marr~ed? I was married in 1942. ' . . '1.\ ' ' . ' ~ .,..,. ~ (; ' ~ ~'"' . ... ... ~-. ~ i $ j ~ ' • '!'"· l... t .. • f' ;,~ Excuse me, Ma1am. Just for my information, is Donna Belejchak married ..... ) . . ' •! I now·? ~ < ~~''' iII "'-' ' • \ ~ )' ' .. " \ ' ' -. . l ' I . ,' ' ' I Donna Drenning is her name now. THE COURT: And Karen? A Karen Guinn. THE COURT: Is she under this Will in any way? A .. A •• Q ~ z o( > .J . . i:;A" z z 1&1 ~Q z 0 .... C) A ~ :J: Ill o( Q 3 ..: u I a: ... Ill 0 e .J A o( u 0· :; Q ·:t 1-" "' A ui a: 1&1 Q ... a: 0 lL liJ a: A ... a: ::J 0 Q u .J < u ii: b. 0 e A Q A Leona Belejchak No, she is not. THE COURT: Phillip and Albert. Yes • Incidentally, will you list your children .in order of ascending or descending age, which is the oldest child? Donna is the oldest. Then who? Karen, Phillip, then Albert. Now you just stated, I believe, that you have lived for 20 years at your present residence. Yes . That wCO>uld be F.·ougp,lyfrom 1953 to this :date. Yes. What year were you married? 1942. .. Where did you reside betwe.en 1942 and 1953 when·y'ou moved \ I ' to your pre'sent home? : · . ,~ .· ~ I;,. (:.")t·',J ,.s~ ,. ~ ~1 t ~ _t' 1'1 · .... ~~ ... f. ~ '.. _t.: , -4-1.-" ..) I ( \,-' ...... ,~ ~ .. ~ f ~ .... '"+ -I. ~ f' J ... ' . , .... · S 1 • It "1.., .. , · '~ .. If. _.J '-.. • • I ; Well';-the first 'year my hu'sband and I were married, ~I with my father. That wruld.take care of'one year. •· ~ It • t" ~ .... t-t ~ ... ,· 1 Where was that? 1 ~.-... f • '·! :•. 1 • :;; ·, I ,'(' we lived .. + .., ;-a_/ ~ 't ~ ....... t .. • '~ J On Maple Avenue iniTurtle Cre'ek.· And' the secondyear, we moved quite a bit that year. First we went to two furnished rooms on James Street in Turtle Creek. Then we went to live 222 ---------------,r-----------------------------------~----------------------------------- Leona Beleichak 223 ' I with my sister-in-law, .lvrary Downey, in' South Avenue in . ' -. .; ,,. '·. '\ : •.. '. ' . ~ ' Wilkinsburg-.·. And itlm ·~her~,'/·~~ s'i;ter-i~!l~w'··a.rid m; h~sban< and I, we moved up to Gre~nsburg Pike ~n Churchhill Borough. I-- .jl 0 If, I 'oO • ~ -,· I ' ' ~ ·, ~ f ·And then my sister-in--law, she went to California, and I had to f ..... I <; l • ..... - ' t ,"';_ -~ • 1 41!rit- .move, and moved into$Turtle 'C:r;-eeks;on Eleventh Street. THE COURT: Who is your~ sister-in-law? Mary Downey. She went to California. And then from Elevent ~ Street I was only there a couple months, we moved up to Luen Lane, and that 1s in Churchhill Borough, which I was there nine years almost, eight or nine years. So from 1942 to date, you have lived, if I can say, in the Pittsburgh area,generaliy. Oh, yes. And this is true cf Mr.' Belejchak as wen: Yes. You are a niece of the decedent, Anthop.y Hohmann. Yes. What l 1d like you to do, 11m going to ask a general quest~ion. Pd like you to characterize for the Judge, for the Court, your relationship with, over the years, from let 1s say 1942 on, after your marriage, with your Uncle Anthony. Jld like you to make reference, if you choose during the course of your answer to speak of his relationship with your children, his • ~ z o( > .J ~A z z 1&1 II. i 0 1-C) z -::c In o( ~ ~ u II: 1-In c .J ~ u c :I ., :t 1-.... N IIi II: 1&1 1-II: 0 II. 1&1 11:. 1-0:: :I 0 u .J < u ii: Q ... 0 A T ,eona Beleichak relationship with your husband~ Jld like you to speak to the frequency of his visits in your home, just a general background . . of your relationship with' the man from 'the time that you were married up to the date of his death. I know it1s a broad question ·~ but I think H 1s a fair que·s~tion. A-nd I will ~sk jbu to answer it f4 ,' . ' ' 1-% . · • " ""r , ~ .... ;· ~ : '1 -~ 1 •'" i ~ ,· 1._ ~ ·~o ' • # •J t ~ ~ 0 ~-~\ ~ ~ 1' L • ~~ f - ' t tJ · 't · '"•··· ... ' ~. ,,, .. ,. -:,; • ./ · .v .. _.. ~ . ~lf..,. "'1 ,., · . '· -1. ,. , .,. a u:1s· }me· •. -~~-· · · . \. "' • .,. ' i .• . Well, we have always haq~a\good relationship; my uncle always '. ~/ ,... ~ ....... "' ., " ' r ... J liked me. Ever sinc~e :J.'was·a. s·;nall ~·irl; he took me everywher€ I But from the time I w ~~~ !!!ar.ri.ed~; lii{·; i said, we always had a good relationship. He 1d come and visit us when we had our ow n .. place, anywhere from two to three nights a week, because, you know, he worked five days and also he went different places to visit. And then, of·course, wl:len·I had my children, he just··- loved my children and he would be my babysitter while Pd run down the cellar to wash clothes and he would sit and rock my kids while Jld be down the cellar.' Anci I always thought we had a good relationship. I wouldn1t say anything different. Let me ask you a more specific question. And we are talking a.bout from 1942 on, so we are talking about roughly a 30-year period. lt1s a long period of time. I want Y?U to tell the Judge, over those years, the frequency with which Uncle Andy came to your home. · Well, over the years, like I said, at least two times a week. 224 Leona Belejchak 225 Q Are you stating that he was in your home two times a week over the 30-year period we are referring to? A Yes. Mayi,_;,e not in the later years when he retired, because then he would visit around with his sisters, which became widows • • And also, he would visit with my cousin;;, Leona Blume. ~Q ~ Let's talk about the visits to your home. When would they,· if I > .J > Ill z you can characterize them, when would they. normally be,. z Ill II. i morning or night and! for what length of time? 0 1-~A When he worked it was always in the evening, and he would com ::t Ill ~ ~ sometimes maybe about E:i:OO o'clock, maybe 5:00 o'clock. It ..: 0 ii: ' 1-all depends, and he'd leave about eight or nine. !!! c ~Q • And this happened two or three nights a week? u c :;A At least twice a week, right, while he was ':Working. X ... ..... NQ And I believe that the prior testimony was that he retired from ui a: Ill 1-a: Westinghouse about 19E:i5. 0 II. Ill a: A Yes. 1-a: :l 8Q .J When did he go to work down for Westinghouse? ~. ~A It was in the forties. II. 0 Q Well, is Jf'.your testimony then from the,time he went to work, ~ ~~ .. ~... i ,"* ./" • t,.. ·~ , ' "" 1 r 'fir. •' f } durihg-th·~ :Y;e,ars tli.~t.·he w<;>:rk~d·for \yestitkhouse; th~t' his visits to your residence would"npr\mally be in the evenings? . A Right. l . . -· Q Would he ever come for .. dinner? · .n , .• , r-:·' < .,., f I • ' ''I ~ ·~l 4 .. ~ it I L , ·~ ----------------~--------------------------------------------------------------~--~-----.----- A Q A A Leona Belejchak Well, yes> he did. Would that happen frequently> Mrs. Belejchak? Yes, I would say; you know> sometimes while I was making dinner hew ould just come. But soni etimes he came after my dinner hour was over. Was there a fixed pattern to his evening business? He didn1t alw_ays come at the same time. It was always in the evening> but I would never say j:ust for dinner. And when he wouid come_---an~ now we1re talking about up to the time he retired---how long would he normally stay?.. ~Was there a pattern there? Well, usually he would come in the afternoon. And of course, yo . . .lft.nowJ hetd be there for dinner> then he would leave in the eveniM abqut eight or nine o 1clock. Oq.ce again, this was done on a regular weekly basis during all these .years. Once he retired, yes. We are talking about during the yea~s that he worked.-Your testimony was that during the years he worked his visits were normally night vis its. I ' Right. Now when he retired in 1965, did the pattern of his visits to your h;ome 1change? t • 1 ' .., . I . .. ' i I ..... . •/ . . I ·' " . . . I 226 • '' e Q A Q ~A z <( ~ i:iQ z z 1&1 a._ A z 0 1-~ Q :r Ill <( ~A ..: 0 a: 1-!!! c .J o( Q ~ c :J ., A :t 1-.... N IIi a: 1&1 1-a: 0 D. 1&1 a: 1-Q a: :J 0 u A .J o( u ii: IL 0 A Leona Belejchak Would'he come any mo~e frequently than he did when he was working? I wouldn't say so~ no. Do you know, if yo~ kiww, during these years, was he visiting other relatives? · Yes. ' ' Who? .; .. 'l ~ ~:': . . t . . ' t ' ' oi ;$ '·,..'I Leona Blume and Ir.ene ~Ra.ab; visit them. Your brothers Tom and Leo. ., ; ' I' ,trt.Jo• _,.' ;-• /,. I *, '( ' ' ' ··~: Jt and' arso 'my brothers,, " ~-~· ~"' '* , ··r· '"· }'' ~ • '"'' 1 ' . he would Yes. And ;he would go s'ee my sister, Marie Balent. And I havE two aunts that are still living that he would go visit them., Aunt Ida Shaw and Aunt Mae Sowers. And besides, he had friends. Didn't he ever stay home? I imagine he went to the farm to work. THE COURT: Just for a second to 227 interject to'get my understanding, who was Marie Dow rrey? Who was her dad? The niece in the Will, it says, "My hiece~ Marie Downey." Who wal? Marie Downey's fath~r and mother? Tom and Clara Downey, my father aq.d mother. Q • A ~ z < > .J > Ill z z Ill a. i 0 ... CJ ~ :r Ill < ~ ...: u a: ... !!! c .J ~ u c :I .... :t 1-,... N IIi a: Ill ... a: 0 a. Ill a: ... a: :I 0 u .J < u ii: II. 0 ., ' ' ; ;1 r ~ ~ . . . Leona Belejchak Marie Downey in the Will is Marie Downey Balent, a sister of thew itness, Your Honor. THE COURT: Marie Downey is your sisV=·r . Yes. THE COURT: There a:re so many MarieE, there are three Maries in this case that I can ascertain. There is Marilyn, Marie at:ld Mary.· MR. RIDALL: This might be a corre~ t time to do this. I have been working for the·:[i)ast·couple days with a family tree, which has been very helpful to me~ because this family is so prolific, and there are so mariy people with the same names. lt1s been a grea benefit tmm.e. It was prepared by Mrs. Blume, who sat beside me, and she is ill today. She has heart problems. I was going to, in her testimony, have her identify this and offer it in evidence. THE COURT: Would you want a copy of it ? That might be helpful to the Court. MR. RIDALL: And what this does, Your Honor, it1s th~ fa~ily tree, the residuary legatees are ., circled in red and the claimants are circled in black. I .Ji-. r ~ I -; . . ' 228 . . ~ ' ~ ).J ,I . ; •.. ' ! '~ ' ' ·_ ~~ J ,f \ ' Leona Beleichak ; ~ • t "' ,. ;, . .1" ! • _I ! •; T?E ;COURT:.~,.-·, l, q"hat might be helpful. \ ~ I • "' ( ~; I "-,:, .. " " .. Is that agreeable to ~ t ~ ~· • 1:. 't t. : ~ yo U1 lV!r. Terputac? We can make • t\ l .. Xerox copies of it. Do you want to have it marked? MR. RIDALL: If counsel will stipulate to this exhibit, I wonrt have to try to identify it through this witness. THE COURT: Take five minutes and take a quick look at it. MR. TERPUTAC: Give me five minutes to look it over. •. . THE COURT: Als?, before we do that, check it out and we will have Mr. Dezack (Court Crier get it reproduced. / (Stenographer marks Estaters Exhibit Number 1). 229 THE COURT: Let1s adjourn now and wh n .· Mr. Dezack comes back with .the exhibits, we will pas.tE them together and you can mark them and take care of hat. Wew~iil!Lreconvene at 1:30. · .. ~-------------,r----------------------------------------------------------------------.--- • e I Leona Belejchak 230 (At 1:30 P.M., this same date, the hearing reconvened): MR. RIDALL: If the Court please, I hold in my hand what has been marked for identification as Estate 1s Exhibit Number 1, which purports to be a Hohmann f:a·mily tree. This has not ~ been identified by any witness of mine as yet, and I would ask z -< ~ :Of,:· counsel for the claimants for a stipulation of this into evideru e . > Ill • z z Ill D. i MR. TERPUTAC: We will stipulate. 0 ... Cl z X ' Ill -< ::: t LEONA BELEJCHAK RESUMES THE STAND. 0: ... B CONTINUED EXAMINATION i::5Y MR. RIDALL: ..I o( ~Q :::> Mrs . .oelejchak, resuming your testimony ·of this morning, Unc ~ ' . .., :t .... ,... Ill ~A Yes. Ill I ... 0: Can you tell' the Court where ~e.li~ed? '·Ther e 1s been some testi hony '" ~ r If -: 1 .' ~ ~~~ i < ' gQ 0: ... 0: :::> 0 u ..I as to where he resid~d. after., 1.9~l'O. Can ;you tell the Court where -~. ·.~""':' t r· '1! rf' ( ·~ "" . • ',_~ ' f t t o( u Uncle Andy lived in the earlier years of his life? j;: ... OA In the earlier years of his life he lived between my mother1s place and my one aunt, Aunt Emma. Q Emma would be· the decedentts sister, right? A Thatts right. Q And Emma would be your mother. A No. Emma is my aunt. L-------------~L_ ____________________________________________________________________ _L___ -- • ~ z < Q A Q A ~ ~Q z z Ill o._ A z 0 ... C) z l: Ul < 3: ..: 0 ii:Q ... Ul Ci .J < u 0 ~A :t ... ,.. "'Q IIi 0: Ill ... 0: 0 D. Ill 0: ... 0: :J 0 u .J < u ii: b. 0 A Q A Q A Leona Beleichak ?.~l Excuse me. And my mother's name is Clara. Thatfs when he was younger. He lived between, you know, both homes. ,. Do you know how many years this went on? I really don1t' know how many years. I imagine for a good while. It 1s way before my time. Do you know_when he went to work for Westinghouse? He started w'hen he was a young boy at 14, the first time. And then he was off a few.years with a bad back. And I ani sure he went back ·in 1945. And to your· know1E!dge, from 194.5 until his retirement, was he continuously employed by Westinghouse? Yes, he was. You testified'.this morning, Mrs. Belejchak, as to visits, regular ~isits on possibly a twice a week basis 1:y your uncle to your residence over a long period of years. Now I am not sure I' ~ ~ . ~ 1',;;.' ,. ill' I ' ' ; ·It I' "" + ' ~---. • . I .) ., ;-' J ..• ~ . 14 • . . I .j • ' I asked yo~; ·d~r.m~r th~ csm~se .. of -~h\s ~ v~~:nts·,. ,WO l!J.d he i:.• .. (, .; "-_ •. ol!r ...... ~ -....... .. "'I occasionally. take meals w Hh you? ' . . " • I . ,/, Yes, he did. . ' . .. • ~~! . J t 1 I +" I r j' v .. 4 ' .~ • -til' ', ~-'~ 1,. • ... ~ Did he offer to pay for these. meal~ ? r • •'"~' ., • .. '· · ;J-, • ::.~r', ! • l t iJ. - -~ l . ~ . " ' No, he did not. Did you ask him to pay for the meals ? No, I did not. He would bring cakes everytime he came, pastrie , desserts. And also he would take my kids up to the storefor ~ z ~ Q A Q A ~ ~Q z z 1&1 a. z 0 ... C) z :t U) ~ ~A ~ u ii:Q ... !!! c ~A u 0 ~Q :>: 1-"' N ai a: 1&1 ... a: 0 a. Ill a: ... a: :J 0 u .J r c I · V'V ' ·'4 1" '. f ... • -..... '~. # t -" I ~. ,. ' I ~ I ·~ ~ auld he do this' on a 'regular basis? '' . .. Oh, yes, everytime he came. . " .. . t ·.'). ' ) ' • i ' I . Did he like desserts? Cl I """ • -•. i if • '}; ,· •"' )lo 'lo 1, ; • f'lt .· . ' ' ~ '. t • r : . l t • ..... • ) Yes. He loved desserts:· And also•, if he came unexpectedly, he would always stop and bring lunch meat. Now let1s examine, if we may, Mr. Hohmann, your uncle's relationship with your children. I think you testified that you have> four kids, right? Yes. First of all, in your opinion, did Uncle like children? He loved children. We had that testimony from Janice earlier today. She agrees with you. Now when he would come on these visits t.os:our residence, would he spend time with your idds? All the time. Did l:}.e ever take your kids on any trips ? He used to take my.girls when they were small. This is before . I had my boys. He. would always take them to the horse show up in Rolling Rock. My girls liked horses, arid he used to take them out to the farm. Was th~t done on a regular basis, the trips to the farm? Yes. And the fairs out at the farm where the horses w auld be; always regular. 232 Leona Belejchak 233 ' Q bid he ever take any of your children on trips out of the city? A Hew o\lld take my boy, .oldest boy with him when he went to different places. He took my oldest boy and my husband up to . I ; r , ) I Buffalo' tq~'.se.e_ ,I'fiagra ·Falls .... ~~d then h~ ~lso visi~;~. ~no~her '· I ·I· ' I ~ ,I' I'' ' ~ l I '~·' ) ,, . .. ,, •• I ' ' ' ' I '. <"·""· "'.. t • ,!. "·~ ' ( ~ • ~ J .... . ~-~ t t ~ ~-.... ';(, '· ..._ • I(" ;~.I ~ ~ ~ , .l' ' cousin up there. ·,' When he took your k,ids ;o~ :tl?-~S e ,t~ips you described, would he p~y ' .. ,:r( i I i I • ! / t 'f tr the expenses or wou.ld you a'nd your husband pay the expenses? Q A {,. ;t Oh, no; he would pajf' ·· .... ~ • {'\ ' ....... .l .; r ' i \ t ;1. : . • . . " J ~ ~. ~ '1 ; THE C.OURT: I didn1t hear you. A Uncle would pay. Q Did he ever give any presents to your children? A Yes, he did. He never forgot them on their. birthday. And at Christmas time he always gave me money to buy them somethin ~· Q This is on birthdays and Christmas . A Yes. Q Special occasions. A Right. Q AJ?-d you say he gave them cash, is tqat right? A Yes, he gave me cash. Q Just small 'amounts of cash? A About $20.00. Q $20.00, doyou mean for aU your children? A Yes., for all my children. Leona Belejchak 234 Q I'm sorry. You mean $20.00 for each child or $20.00 for all four children? A Well~ $20.00, it would be 'for each child; not each child, but for all four children. e Q That would be a typical gift, is that right? ~A Yes. o( > .J ~Q z. Was this done by him.:,--:...were these gifts made on a regular .. z Ill II. i annual bas is fuDjyour children? 0 1-Cl A z· Yes. :r Ill o( :J: Q Do you think as a mother that Andy felt affection for your ...: 0 0: children? 1-Ill e 0 .J A o( ~ He loved my children; he loved all children. 0 :J Q .., Do you think your children returned that affection? :t 1-..... N A My children did. ui a: Ill Q 1-a: . Do you think that Uncle Andy's relationship---you have four 0 II. 'Ill a: 1- children----do you think Uncle Andy1s relationship with all a: :J 0 u .J your .children was the same? :5 u ii: A No. II. 0 -,. e Q A wow,d·y-~u ,explain tha.t to the ~udge, Mease? • • I ' f (' J ,o- { 0 , • , • ;', • 1 ~ )' • , ,"'' 1 .I ". . J':.' · I <I ' ' • -.~•' ,1' .il r" ·-~' 1-~ d ~j. rf ... ~ -1. ' _ ,~ l·l!a.xe,.oq_~ ch1ld ·fp.at,ls,.verJ.· sc;.ssy anq·he~d1d. not feel the same Q towards her as he di'd':the other three. ! ~. I~ .: .• ,, ~ '1 ,~· . ., ..,·,..,· :·, .;..·.,. What is her name? ·. . 1 1 ,. ,. •f ·• •"' I A Her name is Karen. · • ~. ,·.:-~· ' ··" . ../ , ' ' t l•l -, ~ ~ 1111 .!" ~ • • t ~ Q Now in Uncle Andy's frequent, twice-a-week trips to your hous P leona Beleichak 235 over the years, did he ever stay overnight? Yes, he did. When would he do that? If the weather.was bad, he.would stay'overnight. Also, when he was babysitting for me, and I was out late, he would stay overnight. How frequently would he babysit for you? When my girls were small, Fd have ·him occasionally babysit. I wouldn't say·often. But he did babysit them when I wen~· out and he would stay overnight. Did he ever stay at your residence for any extende.d period of ti p.e? ·When he was sick, the year of 195o, he had a hernia operation and he stayed with me for about three weeks. He was recuperating from an operation. I That's right. _Did you require him to pay for th.at stay? No, I did not. Did he offer to make any payments? He offered to pay. He had money in his hand and he was going to give it to my-husband and my husband would not take it. Q You don't know what the amount of the money might have been. No. \ ... I' J, ~I 'I A _. ~ I ~ ,, + ~· . ' .-~ -~ ;o , ~ -' " • ~ I • ' ~ .. t_ ·1,' "' '~ ~ L • :f. , r • ~ ~, .t ~ •• to J ' ' \ ).# '-' · _,/ ' ~ r , 11• " ~ ' That's 1the only tlme that he stayed 'at·your. residence for any Q extended period? ~ ·~ J ' ,f ~ ,. -' " ·_ ... , ) -<li r "'·, i i ~ IL---------------R-------------------------~--~~~--~·~--~·~--------------------------------~ Leona Belejchak 23o I A Yes, that 1s right. Q I think you described a reasonably warm relationship between yoiur uncle and your children. Diil this relationship continue as your kids got older ? A Yes. And even the one that was sassy loved my uncle. Q Would you say this relationship continued up to the time of his death? A .. l ' ... ,' .,, Q doing Uncle's ' laundry. I can1t missr'the opportunity of.askl.ng you whether . ' .. ,.. ," ' ' i. f :' ' , ' '. ; -·~ /' • ... I .{ , :\ • • i I ; " you ever did any of Uncle's laundry. A . . ' .... -i I. ' • . t • ·.· I might have washed a few shir'ts·, 1 but it surely wasn't often. Q Did you ever charge him for what you did? A Never. Q Did he ever voiunt.eei:".)d:".pay for the laundry that you did? A No. ffile never volunteered. I didn't expect it. Q Now you testified to frequent visits to your residence by Uncle Andy. To your knowledge, was he visiting other family membe s as well? A Yes, he was·. He was visiting, like I said, my brother, Leo Downey, my br.other, Tom Downey, my sister, Marie Balent, my cousins, and Leona blume and Irene Raab. Also, I have twD aunts, Aunt Ida and Aunt Mae. • Q A ·Q A Q ~A z o( > ~Q Ill z z Ill a. i 0 ~A z J: Ill o( :\!: Leona Belejchak 237 Ida and Mae would be sisters of the decedent, right? That1s right. Older sisters of his • Yes. Are they still alive? Yes. To your knowledge, did he make these visits to others on a regular basis as he did vis its to your house? ·. Well, yes, I imagine he did, yes. He went everywhere. He !"'· f .~-., :; ' jl \. He,w'a.$:-a·;-bachelor;~is,'tha:-t·correct? '1~ ,r , I ,• • --~~·-...... ·' ~:t .... l.,·rt• ,.~ ... ·.-c:.-'.4\.>' .• ,... .+-' That's right. He was a bachelOF.' and he could go to the family; .. ' .. 'I he just loved family. ( \· ; .,.. •· ... ' f , · ~~ I' I ., \ • ' ' ( I lr t •. Did your Uncle Andy eve~; say anything to you about a loan· or , _ "111 • r l #> •, "' ,. , ... ~ .~ :H ' .• ... t J -. • '\ ' l. I . . . ·' I• .~ ~ ·.: loans that he had rna de to your brother, Leo Downey? Yes, he did. What did he say ? This was three-weeks before my uncle died. He came to my place and he was upset. He was mad at my brother Tom. Evidently,;, the camper that my brother Tom had, Uncle said it was his and he was going to take it over tohis farm. And he was pretty provoked at both of them. THE COURT: Both of them? A I e A I ~Q ' < > ' .J )o Ill z z 1&1 n..A z 0 ... ~Q :r Ill < ~ ..: ~A ... Ill e 0 I ..IQ ~ -u 0 :> .., :t 1-.... N rti 0:: ~A 0:: 0 0.. 1&1 O::Q ... 0:: ::> SA .J < I u ii: II. i 0 I e ' A Q f I "'(t • • ~ .... , f ~* ~ ' ~ ' I' ) Leona Beleichak · ' • ' I Leo and Tom. That Leo borrowed the money ;and he only paid back $50.00 of it. THE COURT: Out of how much money? I I He didn't tell me how much money. Doyou know the amount of the loan made? Did your uncle tell ym I the amount of loan made? No# he didn't say. He said $50.00 of the mon~y he borrowed. He did state that he had made ,a loan toyour blather Leo, which had not been repaid in full. Right . 238 I I You were in the Courtroom this morning, of qourse, and you hear-d the testimony. And I think you heard someon~ describe the I I decedent as miserly. Do you agree with that assessment? I I I No, I don1t . Would you like to explain? My uncle was kind and generous and he helped my three brothers I I quite a bit. Without my uncle, my brothers w1ere in fixes quite a few times. ! THE COURT: I In what, Ma'am? Fixes, you know, bad way. And he was always kind and gentle to them. Did you feel, Mrs. Belejchak, a genuine ;affection for this man? ~ ~' I .____ _______ ..__ ______________ ~--'---------__jl _________ _j ___ - - --------..--------------. -.--:.--c. -. -.--_,-,.--, -.,=--.=.,-. -~.---,oc-, --··c-;--------1---,-j.-·, -_ -:----. ,....,--' ~ l ·~--,1 t f ~ t . II" p -! ' I ' . ·"'., ' .. f . ·I -,.. ( ( t i' 'I ,. l'.f f' '• ' 1 ~ ,• . ,t .•• ~ :J •. _,;" • .• .·t t~; ; ·.,, ..;" '>;·,: ,·: . , ,r Yes, I did. Leon~i':.Belejchak .. ·! ~ 'I ·•. ,·, ,.. t ':" ' .. , ~. ' · · • r , -· i ·" ~ /1.. ' + ·' And do you feel that ,9-~·.r~cip:r;o~.at~d p:{af affection? • ... i ~ • ' • 1 ~ ~ ' .... Yes, I did. You felt he felt Cl;n affection:for"'you. Yes, I did too. • ; I "' MR. TERPUTAC: Your Honor, Iwould object to these leading questions Now I think we have given Mr. Ridall a lot of leeway and I object to these leading questions where the witness exactly understands what the answer is required. THE COURT: I think the question was a little leading. I don1t think they were too far out of line. But refrain from leading as much as you can. I have to say they were somewhat leading. , 239 We have talked -about the relationship to you toyour uncle and yot r kids to your uncle. What was the relationship of your husband to your uncle? They got along fine. They were very good friends. Would.you like to expand on that? . . . My husband went with my uncle out to the farm whenever he could and helped him out there. Q They would take trips together? I .-----~~~~------- Leona Belejchak · 240 . They toe:>¥ trips together. He went with my uncle one time with my brother Edward'tDowney up to Erie. My brother, he was tak.ing my brother Edward up there to get a job. And my husband went along. And my'uncle paid for everyone. And they were up th re • a week. ~ Mrs. Belejchak, did your uncle e~er make any statements to . < > .J )o Ill z you that he intended to will any property to you? z 1&1 a..A z He neger made a statement to me that he intended to will me 0 1- C) ~ :r Ill o( ~ in my Will.'' ..: u ii:Q .... Did your uncle ever niake any statements tn:you regarding an Ill Q· ..1 < intention to will any property to your children? u gA ., Yes, he did . :t 1-,... NQ rsi a: ~A a: 0 D. 1&1 a: ,.-··~ his death. And like I saig,: he was provoked at Tom Downey and 1-a: :::> 0 u ,, ~ .., I ii; -~·, , ' Leo Downey and also' .. M~:hfyri'D'"h;Wney'.'pecause he said that she .J < u ii: ... ·-• •· I \· .. """~ . . + ,.. ~ was anxious apout his.-y.ti~L ~q,,?.~sa.id;'tp1him, kiddingly, I said, 0 "Hey; Unc, now that Uncle Leo is dead~ who is in the Will?". And that 1s when he said, "Your kids are in my Will." And that1s all that was said. Q Cross examine. ----------------w-------------------------------------------------------~--------- 'Leona· Belejchak 241 I CROSS EXAMINATION BY MR. TERPUTAC:' Q Mrs. Belejchak, when was it that Mr. Hohmann said to you, "Your kids are in my Will?" A That was the last three weeks before his death. • Q And wh.o was present whe~ he said this? < zA Just him and I.· < > .J ~Q z Now th.ere 1s nobody els'e who h~ard ~im say that, is that correct z Ill a.. A z There1s nobody else that heard him say it; 0 1-~Q :r When did he say, "You are in my Will" that he asked you about, Ill < == when he told you that? ..: u irA 1-Ill He said a few times, not even jokingly, he would say, '''You are '. 0 .J < in my Will.,, . u 0 ~Q When? :X: ... ..... NA Through the years. I have no dates, no years; just through all ui a: Ill 1-a: the years that I've known my uncle. 0 D. Ill :Q a: :I 0 . oA .J < u. ~Q Two times? 0 ,r ' A Right. ~\ ;·"1..\ Q ~~ f .t ~ { : t ;' .. ; "l ., -.. ~ '.. .... ~-•' And in whose presence~w.ere·t~ese remarks made? A They were in no one's presence. Q Just you and he? A Just him and I. Q Now how did you learn about the $50.00 that was .. paid back to • A Q A :: Q z < :i iii A z z Ill II. Q A Q A Q A Q A Q A Leona Belejchak 242 Mr. Hoh:nann? Did he tell you this ? ..... f ~ ~. j I He t,old:m_e; t,~: t .ey,er;th~n'g t:hat' he, ~~oaned~ ... ~~e money~ and <?-_P ~ Jl ';'"..,. 1 t •••• ~ • . .!1 I .. , • . ... I . f". ...... . . J • • • ~f .. ·' -. ' ~.;.:. .r .:t.... ~\ ' ~, ~ " ,... •• ~ • ..... -~ , ., .;.·, ~-t t .. ~ ~ '~'"' ,. , · · but $50:oo was paid. That's what he s·aid~ In whose presence was -this statement made? ~ I' . ,~; ·~ • ..... ' ., 1 I •• t I 4 This was in mine. f .. ! .. _.jJo..' '' .... Nobody else there? ! '· • •• Nobody else was there. Now just before the direct examination finished, Mrs. Belejcha1 , you said that your husband got along fine with Uncle Andy._ Is that what you said? Yes, I did. As a matter of fact, didn't your husband take a rather dim view of Uncle Andy's imposing upon you people and eating therel? No, ·he did not. Didn't he make a few remarks to a few people and said that all he had to do was give Uncle Andy a dirty look and he'd know wren he shouldn1t be eating too much? I don't remember any of thcs e tr1ings. No one ever told you that, is that right? I don1t remember. Might those remarks have been made and you could not remerrlber? I guess they could have, but I don't remember ~----------u-----------------------------------------~---- Leona Belejchak 243 '·· Q Now your tes'timo'ny·has been largely for.'the period 1944 to 19.47; ' . . ' or at least that1s the .time that he visited you very often when A e .. Q ~ o( > Did he visit you quite of.ten during 1944 and 1947? ...i . ... ~, '"" :r· .... f ' '· /t Yes, he did. ' • ""'· , ,, 1 ., . /i. 1 .e~ ;· 1: "1 f ~~r· l'.r:~ -·l..t\\ ~· f ·~ . , \~;.l .. .J ~Q z z Ill o.A How often w o.ul.d you r.~~~f}.;: ~ . ~ . 1 i t f.' ·• ~· {' ~ ;·., ~· t .c.; . ~~ .; ·'' .. .,*• t """' ~ -He was there at least two times a week, ma:yfe three. z 0 ... .. ~Q x. ,. • And how many times a week did he take his meals there? Ill• ;A .. . If he came while w.e were having dinner, he would take his meal. .,: ~' a: ·• .. If he came after dinner, h'e wouldn't take his meal. ... •II) e·· 0 .JQ o( 0 Mrs. Belejchak, how many times· a week, if you remember? gA ., About once a week.' :t 1-" "Q Did he ever pay or offer to pay for ·that? .. IIi . a: ~A a: No, he did not. 0 0.. •Ill a:Q I'" Now after 1947, the situ.ation cha~ged a little bit, didn1t it? a: :I 0 0 He came less freq.~ep.tly, didn't he? .J "' • ~A He never came less t,Q.an twice a week . II. 0 e. Q Now your testimony has been to the effect that he would bring lunch meat and things like that to your house. Is that right? A Right. Q Is this only betwee~ 1944 and 1947? ~--------------~------------------------------------------------------------------- • A Q A Q ~A z o( ~ ~Q z z 1&1 ll. i 0 .... ~A X Ill o( ~ .: ~Q .... !!! c .JA o( u c :I ., :c 1-..... CIIQ ui 0: 1&1 .... 0: 0 ll. 1&1 o:A .... 0: :I 0 u .J o( ~Q ... 0 A Q A Q A Q Leona Belejchak · This was from 1944 to when he went on pension in -1:965. How about after 1965? After 19o5, I told him not to be bringing the stuff because he couldn't afford to . As a result, he didn't bring anything. As a result, he would-still bring the sweets for the kids. You said he took the kids to fa irs and out to ve3;riou s things . What years were those that he did that? He used to take, like I said, my girls to the horse fairs when they were small. Was this 1944 to 1947? No. That would be in the fifties, because I didn't have my first baby until 1945. You said he did this on a regular basis. I think that is the word you used. Was it on a regular basis? To takemy girls to the fairs, yes; every year until they got to be teenagers. How many. times a year? I'd say twice a year. at least. ; ''J.. '. And he would pay all the"expenses. . . I , t ~ :..<:t J~ ... I , .. , . t O I / Yes.,· he would.'. ' •,c ~~ f \ ... How about after 19·6)5? ~.i·:.i ' . My girls were marr\ed: t ,;.. 1/i.• I.'... "' i1 t : ' .. " ' ··~ ~ . "' ... ~ How about between 19qQ and 19f.:i5?· ' '' 244 A Q A Q • ~A o( > .J )o Ill z z Ill D. ' iQ 0 1-C) ~ A :X: Ill o( ~ ...: u 0: 1-Ill i5 e .J ~ u c :J Q .., :t 1-" Cll A ui 0:: Ill 1-Q 0:: 0 D. Ill 0:: A 1-0:: :J 0 u Q .J < u b: A II. 0 ·e Q A Q A J • -T eona Belejch.ak 245 Then I had two boys~ Did he take them to places ? He would take them to places. How often were you over at your brother Leo's and your brother Tom rs place during these years? Over my brother Tom's plac'e, after he got married, I w-.astn't over there "too often. ·How about your brother, Leo? My brother Ueo 1""' when he c3:me back from California, he was in yvith me for about a week until he got his own place, a week o two before he got his own place. An.d I used to visit them quite often when I could. · ·That is Leo and his wife. That 1 s_ .right; · About how oftE!n every year would you visit? Well, I'd at least tried to see them, I'd say at least twice a year. . Those times you went over; did you see Uncle Andy over there ' Yes, I did.· Eating meals? . : .~ I may not be seeing him eating meals, but I've se€m him eat ther>e., · ' ' .. Leona Be"lejchak Q Did this occur particularly between 1944. and 1947? A Well, this happened---no,. he wouldn't be staying there. If the weather was bad he would, I would say. But not. occasionally no . • Q How often did he stay ovE?rnight at your place between'1944 and 947? ~ A z Like Is::aid, if the w'eather was bad, he would stay., maybe once o( > .J )' Ill or twice a year, but not really. z z Ill II. Q i 0 -1-CJ A z How about 1 after 194 7 ? 1 · . • ' • ' t . . i . . ~ "'· ;. lt-4 •; I , . • . i~ t ~1-1.• ·,,. "' .* .P.~ }r, r'"' ·' ~-· ~ "\t 1 • _. '...,, ' .. ( T' 'I\ .. •' ' pJ ~ ~" . • ' f ' • , . • . . • . r ··• ._ •. "~ '.) ' .. ·' I ' . , • • I .. Then l~lse ;I 'said,<~ when •he would ~~abysit· for·.me,. h€(wourd stay. :X: Ill o( Q ~ t-= u A 0: 1- . How often would that be per year? ~ ': ,} r ' .. : ~ . ..~. / ·~ :i~··, -~-, ·r ·Oh, about three, may?e f?ur tirpeE!: ~:year. -u the weather was Ill bad, he would stay .... ' '~ i' >;,., ·~ • i5 ... :!! u 0 Q ::J ., You testified that you took care of him when he had a hernia :t 1-,... N I operation in 1956. · ' I ui a: Ill A 1-a: 0 II. w Q a: Was that at your house that he was there? t-a: ::J 0 A u He came to recuperate at my house. ... o( u Q ii: About three weeks you say? II. 0 e A I Q About tlr ee weeks he was there. No compensation was ever made for .that and none was expected is that right? A He offered and we did nottake it. Q Now how many times were you up at the farm up at Hickory tha Mr. Hohmann ow ned? • ' . ' . e ' I I . -. I ~ I • --------------------:----------~--------,------.,-----------,-------- 'l .. '• j4-t, ,. ' t • A Q A Q ~ z < > .J >-en A z z 1&1 D. i o . ... C> ~ J: Q en < 3: ..: • u a: 'A ... en 0 .J Q < ~ 0 :J A ., J: ... "' N ... ' ui a: 1&1 ... a: 0 D. 1&1 a: ... Q a: :J 0 u .J < u ~ A 0 Q A Q ·. . Leona Beleichak 247 I wasn't up there very often. I wasn't up there no more than four times. All together ? All together . So you are not aware of the work that was done up there by Tom and Leo and Marilyn, is that correct? ·No, I am not aware of it.· I would have no knowledge of that at' all. Did someone in your household say·~hat·Uncle Andy could not srr<;>ke his pipe in your house? Yes, itwas me • Do you have.acondition tha~-re9uire~.that? I I ;"• '. ...... .t., I have a'conditi;n, I have emphyse·ma· •. ·I nave a c·ondition that, . ,.. ~ ' , .ot f , "'· r · ' · ·., • ~ j l 9 ,e j 'j. -1 '!' ~ I can.rt stand the smell of cigarettes or tobacco .. t cannot '' breathe . ,. l'; So when he came to visit he just understeod that he was not to ' • 1 ' t.; smoke pipes . And if he did light up, I would holler at him and he_w'ould go outside. • · .. Between 1944 and 1947,-can you give us an idea of the average number of meals that he had ~t your house per month or·per ' week or how often.you can best ·remember it? · From 1944 to 194 7? Yes. Matam. ' • T .Pnna bPl Pirhak ')IT Q A Well, at that time my uncle was coming pretty regular. Ma'am~ what db you mean by regular? A Like I said, L he was there, I'd still say once a week. Pm not going to quibbie about that. • Q How about between 1947 and, say, 1958? ~ A z < The same thing. > .J >-Q Ill z How about 1958 to 19o5? z 1&1 II. A i Well, like I said, after my uncle retired, he started to spend 0 ... C) ~ X • more time with his two sisters~ Ida and Mae, in Wilkinsburg. Ill < 3: And he spent a lot of time .with thein. Q Did he spend a lot of tim.e with Leo and Tom? A He spent time with Leo and Tom. And I did not see my uncle as often in the last two years. when I told him I didn't want him smoking his pipe. Q He too}\: offense to this, didn't he? A Yes, he did. Q He took offense also when-Karen talked back to him, right? A She was just a young girl. Yes, she was a child. Q But he cut h.er out of th€ Will. · · A She wa~ a child, yes . .y" • Q ' . ' I don1t know how·I could answer.that. . ' . t -~·. f ,. ~ I t I t '.t , ...... ~ . .,·~ '•· 1 I.' .•· A Well, Jfm not him . ; . '. ~ ' f I '~ ' I ' I . ' ______ ___!L ________________________________ -- ,---------u--------------------------------------- I. Q A Q Q ~A z ~ >· .J ~Q z . z ld II. i 0 I-~A I: Ill ~ 3':Q ..: !:! a: I-III 0 ~A u 0 ~Q :r: ... ,... Ill ui a: Ill 1-a: 0 0. Ill a: A 1-a: :I 8Q .J <( u ii: II. 0 A Q A Leona Eeleichak 249 He was pretty good at holding grudges too, wasn't it? I'm not saying that--- Just answer the question, please. Was he or was he not? No. Would he take offense very quickly, Mrs. belejchak? I wou ldntt say very quickly, but he has taken offense. Is it your testimony that essentially you don1t know how often he • And you dontt know what a:lPTom and Leo:might have done for him ~ ~· . ... .l~ + ' -· !·!'- ' 4, I, , 0.\ 'f,. . . o 'ol' ' I : .r f I < ,/( , during ithese years, is tl;lat correct? ... r·l. .··-:--._~~r~~· As far as working on his farm, no. 1I don't know. Are ~ou aware that Uncle Andy was taken care of in 1968 and 1970 on two occasions, all together three occasions when he was ill by Leo Downeyrs? I remember distinctly the last occasion. Well, you must remember in 1968 when he was ill, because that was two or three weeks. Who took care of him then? I really donft remember it. I really don1t. But I remember the last one. Now you have testified that he gave gifts toyour family. Do you mean you and Mr. Belejchak or do you mean just the children? Just for the children. But then he would buy stockings, he would buy boxes of stockings. And I would wrap them up and • Q A Q <}.A z < ~ > Ill z ·z Ill o._ Q z 0 .... C) z :t Ill ~A ..: ~Q .... Ill 0 .J o( 0 §A .., J: .... " t~~Q ui a: Ill .... a: 0 D. ~A .... a: :J 8Q ...1 o( u ii: ... 0 A Q A Q Leona Belejchak give them .. He's given them to my sister, Marie Balent. Did he ever bring any gifts for Mr. Belejchak, your husband? No~ he did not. Were the. gifts that he brought while the kids were small? Is that what your testimony is? No. My Uncle always gave for my children, like I said, until he retired, then I told him not to. He always gave me money. You told him not to bring any food or any~hi1;1g,, but also not to . '' ( . I '. , ' ' • ' I I' '/ ~~ .• I bring gifts,'{~,tha:trco~r'ecy? · .. ~,:. ., /' .f:l .. ; .:~1 :;, ~ ..,_·.-t 1 ~ "' 1 ~ t . ~ ), ' ... ' \ .. -r): , ~ I · ... ~ . ""~ t:· ..... ,. . ..,.._,. •• . 1Ehat 1s right. ~ ; :1 . You are not aware of what he fu ighf.have' given to Tom or Leo k ~.~ ~~. -~l(. lj . .. . ... " .· .. Downey, is that correct? • J'~'r ~ .... . I . ~ No • Between 1947 and 1958, you really don't know how often Uncle Andy ~ight have gone to the Tom Downey residence, is that righ ? No • And between 1958 and thereafter, you don 1t know how many time he might have gone to Tom arid Leo1s, ·is that right? That's right. And you dontt know how much work they might have done for him on the farm or on his car or anything, is that correct? That 1s correct. Did you ever hear your husband say, and particularly in the presence of Mary and Leo Downey, that he wouldn't put up with 250 r---:---------,r------------------;------;--:--:::----;---.:-----;:------------------.-------' . '• '-• _\ l ., l r ;t ( • A Q A ~Q z o( ~ > Ill z z 1&1 D. i 0 I-C) z :z: Ill I -' ~ 1 ~· I T ... ~ ... r"10 ~ ' "t• Leona' B'eleJcbak · 1 ' ~-•. ,,. Uncle eating at his house like he eats at their house? Did you ever hear that said? No, I did not. Never heard it said? That ts right. That1s all. ~REDIRECT EXAMINATION BY MR. RIDALL: .: ~Q t-Ill c .J o( u c :J .., :t 1-,... N Q A Q On direct examination, when Iw,a:s; askl,ng.,you questions, I asked you whether Uncle Andy had ever told you about any loan that he had made to your brother, Leo. I believe your answer was yes, he said that he had made a loan to your brother Leo and that onl. $50.00 had been repaid. ~ht. Is that correct? Yes. On cross examination questions by this gentleman, you stated that your uncle said that the loan was made, but all but $50.00 was repaid. No. I meant only $50.00 was paid. I'm sorry.' -, There was a discrepancy in your direct and your testimony on . ' cross examination. So. do I understand it that your uncle told 251 ' ' c------- • • .e A Q A z ~Q )' Ill ~A 1&1 0. i 0 ... Cl z I: Ill < ~ .: 0 a: ... Ill 0 -' ~ u 0 :J ..., :t 1-..... N ai a: 1&1 ... a: 0 -0. 1&1 a: Q A you that only $50.90 of the loan had been repaid? That's right. Only $5·o·.oo of the loan'was paid. You testified something about buying hose for other female members of the family . Yes, at Christmas time, Chri?tmas ·gifts. How many times did he ,do that? ' Uncle would bring the stockings and I would wrap them. Uncle bought them and I wou!d wrap them. TH~ COURT: I think your question indicated_would she buy them. This is the first I heard this, Your .Honor. Uncle.would buy them and he world ~orne and I would wr~p them a few times · over the years. I cari' t r.emember, I'd say a few times. ' ... a: :J Q -Were any of thes~ stockings ever directed by your uncle to be 0 u -'· < given to Tomts wife or to Leo's wife :? u ii: "' 0 A · · Just Leo's wife, because she lived out by me. -' Q So to your knowledge, Leo's wife did receive a gift of hose from Uncle Andy. A Yes. Q How many Christmases did something like this happen, do you remember? 2521' • Q_ A Q ~ z < >· .J )o Ill z z Leona Belejchak Just one Christmas you are talking about. Yes.- That's all I have. (Witness excused) • ~ANDREW PHILLIP BELEJCHAK IS CALLED AND DULY SWORN. z 0 ~DIRECT EXAMINATION BY MR. RIDALL: ..: !:!A a: ... Ill What is your name? Andrew Phillip Belejchak. ~Q Mr. Belejchak, you are the husband of the previous witness. ..., :t 1-:;Q ui ffi A ... a: 0 0.. ~ Q ... a: ::> A 0 u .J < u Q ii: II. 0 A Q A Yes. • I believe.your wife said yo"u were married in 1942. ' .. • ;-: ,· J",... : ft : J ,; ~ ,. .. ' .. -~ I p \ .1 I' , ' /. ~ i ~~ " t •f ': ! R . ht·· '_. ' ' '· ' 4 _.-r"'.•t -. , ··" i • ;i'( \ . • • • .. ' ' ; (, .-· f_ ' lg •. "\...... -;,.::,.,.. d-. · ... ,. .-,, ···-~ •·· "\, • You have lived together l'ince that time continuously. I . ' Yes .. ' I, ·,' '• •(, -.\'< ,'_ ~: # ___ , ..... ·. • . ' 1- In the Pitts burgh are<-r..Jor;all' thos e"iyears. 0 • ' w_ o '0 I -lj•> \ ··t Right. At various locations. Right. . . .. I l ·• 253 Q Directing your attention to the period 1942, the date you were rr ar- ried, until the time of Uncle Andyts death,, which was 1971, a period of almost 30 years, will you tell the Court with what AnrlrPw · Beleichak 254 frequency Uncle Andy was in your home? A Well, my wife said a couple of times a week. Now this could vary. Maybe he would be there four or five times a week and then other times maybe he would miss times. If you're saying • the frequency, it would probably average out to maybe twice a ~ z week or thereabouts. < > .J ~Q During the enfire period? z Ill D. z:A Yes. 0 1-Cl ~Q Were there times during this period where---you just indicated Ill 1-< ~ .. there were times during this period where he might have r.: !::! 0: 1-come more than at other times. Ill 0 • . ~A u 'Yes: a :l Q .., Why? :t 1-" N A Maybe he'wasn1t doing anything, so he'd.,tome out to the house. ai 0: Ill 1-0: 0 ,• ~· 4 r .... I t ' -~ • ;I,.. ~ ¥] I T ' Jf'' I ) • • ' • •' , •· . • ,£ "' ·" ' J ItA ./ A ' I .,, J '' ' j ' There was, t1mes,..-·-;-he didn't",'have· an· automonile, he· sold his • t ~' . ·r '!'" .,· ""• .. .,. D. Ill 0: 1-0: :l 0 u .J < automobile, and I guess· it.;w as in a period between 142 and I ,--. ,, ,(~f· .• ! guess 145, he h?-d a :Blyc:llio.~_~h ·~_qup·e'.' )Vly uncle didn't care abo t "·~.... ~· ' ~·t .. '• ,. u ii: II. 0 walking. He loved t~ walk. ;S9' h~ woul? walk from East Liberty . • • ... ·• ~ • ··: • 4.. \ ' l . . ' e out to our home in Churchhill Borough. And there was occasion: when Uncle Leo would do the same thing. That was his brother. Q How long a walk was that? A A pretty good walk; from East Liberty to our place it would hav to be seven or eight miles, I imagine . Q Did he do this frequently? ---------.~-------:-------------~-~--- ' . ' Andrew Be lejchak . 255 A Yes, he)iked to walk. -1 ; .. Q ' is # Was this during a· period··he was e~ployed.by Westinghouse? 1 ' · · " I' · "'· j · ' ' • • •1 • · . '· · 1 " • 1" r f, · • ·' · • ·I f • ; ' / 1 , !, .... :"'. <~~"\~ f ~~ ,;.f~-~ ... ~ l t_r ~ 1 , ·~~;· • ~1 ' ' '• A No. This is when he had that bad back. Q A ' ~Q . z Is this prior to the time thatihe .went1to_w'brk for Westinghouse? . • t \ I, , .t. . :1-' tt .t ~~-' .t !,.lf,. ''·,tr That's the only time I ever knew him when he didn't have_ a car·. i +~ t , ..... 7" . 1-" l ~ ,' '.,.,_... ! ( ' · ~. . I · ! ' • i · . f _. • • I ' , . , ~ Your wife has testified, you heard he·r testimony, of course . < > .J ~A Yes. z z Ill 11.-Q She testifies that during these years, Uncle Andy may have had z 0 t-Cl ~ possibly one meal a week, I think she said, with your family on :r Ill < ~ an average. Would you agree with this? ..: . ~A I'd sayit might have b'een; maybe it w_ould be more than that t-Ill c .J he 1d have a meal. But like she said , if he_ came and we were < 0 c :J ., through with supper and there was some food the.re, he would :t 1-,... "' eat it. ui a: ~Q a: Did you charge him for the meals? 0 II. ~A No, I didn1 t charge him. t-a: :J 8Q Did he offer to pay for the meals? .J < g A No. I wouldn1t expeCt it from him·. 11. 0 Q Did he ever bring any food into your residence, to.your knowled~e?: A ~es. Q Would you tell us something about that? A He liked sweets and he knew the kids liked sweets. In fact, my wife, she liked it too. And he'dbring doughnuts and pies. There was a c er ta in bakery that he would go to and they made <: ---------,rr----------------------------------------------- ~ .z < > ... )o (j) z z Ill Q. i 0 I- C) z ,:t (j) < == .: ~ Q t; c .J A < l) c :J ., X I-,.. N Q IIi . ~A a: 0 0. Ill a: Q I-ll: :J 8 A ..I o( l) ii: "' 0 A Andrew Belejchak certain type of pie that he liked. It was a cream pie. And he •\ f 1 • I f ~ -4 4 , • w ould.~.bring doug~nuts,; ·he .eiJj.oyed them' t.~~·-I,' in 'l(ot 'saying he • • ~ .. -i I , . .~ ) ,. • ; 1 • ._ ..,. r I r . . • ~ \ ~:·· ..t -~"'. ·' <P'ti'-"'\. : t " ....... -.,.. • J_. "'~ ~ 4 • .-.; ' "' didn't like the sweets. And then he'd take---when he didn't hav (, the car he'd walk up, ~-e 1",h,?-d c; s;mall grocery store up above . ,, . ' ' .. ,: . 1 ,, ~ ~~.: . ··.,'" ., : . -~· ·us, approximately maybe' a mil~ away, and he 1d go up there w itJ: -~~·~· :'t) , .. ;1.'\fl·· ···i•i..-•' t t, .. ~. my children. And he had a· craving for popsidJes.,;, and of cpurse, while he was· there he bought the kids whatever they wanted. And then if there was, say if it was during the day and ;maybe there wouldn't be any lunch meat .in the house, he'd buy lunch meat and buy bread and bring it down to the house .. Was this done on a regular bas is ? . . ' •' I wouldn1tsay the 1 unchmeat and the bread were done on a regu'lar basis, but the cakes were. Did he ever· take any of your children on trips? Yes. Describe the trips, if you will. Well~ that was my older boy. Of course, my wife told you about the girls going out to Rolling Rock. THE COURT: You said your w.ln.at boy, younger boy? Not at first. My older boy, he took---well, like my wife said, he took t~e girls; They had a horse show out in Hickory. I don't know who held this. There was some guy that had his 256 ---------------,.------------------------------------------------------------------- • ui a: Ill ... a: 0 Q. Ill :A a: ::J 0 UQ '..I < u ~A 0 Q A Q A Q A AnrlrPw BPlPir.hak place out :.:there. And he would, like my wife said, my girls liked horses·, particularly my older girl. In fact, she bought one, against my objections, when she first got her job. It c_o"sts money to keep a horse. but he would take her out there and do that horse show and he1d take her to Rolling Rock and then he 1 d go down to the farm. How about your other children, the trips? Phillip, he nmcade one exceptionally long trip, not long, but he· wanted to show i:him' Niagra Falls. So we drove up and I went along with him. We went up to Niagra Falls. And like everybody agrees on it, that he liked children. He took him like under the Falls, these elevators they have to take them under the Falls.· You and Uncle Andy, you wereU·alking about Ni~gra Falls, you and Uncle Andy and Phillip went on this trip. ·what year would that be? I can1t remember . Who paid for the cost of that trip? Uncle did. He paid all the costs, including your expenses? Yes. ., ~. .. - ~. • '" t • " • ~ i ;t Did your U~tle give 1 presents ib your childr'eri? : · · '~ r. \,.,., ;, (:_:~· ~;; ~ ·,r· .~ ;..t'' I' • Did he give presents to FlY· children ? ·J ·Yes. ' . ', ~· i . \ Yes he !!ave mv wife monev for them. Like ·he 1hadtstuff at ; • t ' • ~ t -f Andrew. rBelej c hak 258 the farm, like he bought )hem a small tractor. It was like--- it looked like a large tractor, .the only thing, it was in miniaturE and he brought it down to my home. The reason I remember this incident, he had Phillip riding this tractor and he started up and it had like a lawn mower engine in it; it made a lot of noi'se There was a Collie dog in the neighborhood, ahd he really went after my boy because of the noise. And then I had another dog that sort of beat hi.1·n off. But he bought them things like that. He 1d take it back out to the farm. Like I dontt know whether he had a truck then or pick-up truck or what the heck he had, but h hauled· it in there. Your wife has testified to recurrent gifts to your children on birthdays and Christmas, at least through the time he retired from Westin~house. Do you agre·eswith her testimony in that regc:rd? I I sure do. This was done annually, is that correct? Yes. How often did Uncle Andy stay overnight at your house, Mr. Belejchak, over the years I am talking about? it would probab}y be mo:J!e frequent at that time than when he ha ~ .. . .. \ . ''t~: ... .c. ~~~ .... .-.·!i-.. • ' , ·f. ~ ,, . 1-r , '.-~~· \ . ' .. ..I ~ :.;··· :, ' an automobile. Q .. Your wife testified as to a perJod in~1.95o in which he recuperat ~d L---------------~--------------------------------------------------------------------- Andrew Belejchak 259 i at your home for a period of some weeks. Do you remember the: t? A Oh, yes. Q After the hernia operation. A Yes. Q Did he offer to pay you for that stay? ~ A z o( He did. > .J >-Ul Q z Explain to me, please. z 1&1 II. i A 0 ... C) ~ :I Ul Well, 1 y9u ~know, he tol~1 ~e, he says, "I';·e.:been staying here, ' • J ~o~"' II--t-~, _,// 1' ~ . J • ' : ,: : . •• r ; and •I wan;. to Ray yb~ .. ;'1' .• Art~-I toi_d·· him,: I. SB;.YS ~d. id.r:_~t want any ~+.. :~....: ~ --· '.\· \lJ' fj ...... .f...~ t o( 3: ~ u .. a: ... Ul 0 money from him. And later: on, when he could get around better ~ ._ .. '• he would go down, II?-ayb~·i11q' go sh!=>PP,ing, and he 1d go down to • ' -, :t I bought. But I didn1t take it. In fact, sir, I never took any 1-,... N ui money off him[~~ .. I asked him one time to borrow, I wanted to a: 1&1 ... a: -· 0 finish my upstairs. I was going to build my own home. And he II. 1&1 a: ... a: said, "Well, Andy, 11 he said,. "I'll give it to you, " the only thin~ :> 0 u .J is, it would affect the interest of his money. I {;Jaj.d>, "Okay, < u ii: II. 0 don1t bother with it. I'll borrow the money off my mcther." It wasn't a large amount, because I had done a lot of the work myself. I had'-done my own wiring. Q There was a good deal of testimony today and yesterday about the farm which Uncle Andy owned in Hickory, Pennsylvania, .and which he presumably purchased in 1952. Did you work on that farm? Andrew Belejchak 21')0 A I sure did. Q Would you tell the Court over the years now, tell him your relationship with the farm. . ' . ''. A Well, the uncle, the w~y he was, .yvell, it's an old· barn, and • •· it1s a.ll.made out of hickory. That's what the barn was made out_ ~ z of. They ha~ some pretty good size beams in it. They had it o( > ,.J >-.Ill ' pinned, the beams were pinned a~d everything. It was an old z z ... Ill D. i 0 1- C) ~ (~ I: . . ., . " . ' l '"·. barn set up on stone that they had turned up on end and I guess i ~ .~ I .~ j # \ ~ t . 'a, , .. -. 1.#< ~ · .. ~ 1 ~ """··~ ~ , !·""'. ,~ ,~-, •·fr ... ·1 ,-· • ... ,.,I .. .: ' .. ( ' r' '/ "' t' ,.. a t i • 'li \ i .":~ f . • ..... • "' l" f thi~ is1 the:treas'ori' .it iasted·•so~1on,g, (Qecau§e1 t.pere. was ·rio •• .-t .. .,-"~ " Ill o( ~ ..: u it 1- contact with the ground outside of the stone. But there was , • ,' • I i /. . • . , .. , ~ t :1 • ~ .t~ ~orr·,.~ . .t • .• . . I _,..,. . • " J . areas in the barn whic:h·was ,~eat t_h.e·il-gr ... ctmd and whoever owned !!! c .J ~ u this place before this; 'this ·wo'oai\V"as ·;do;4n near ground level, ~ ·, ( \i'l't ~ ·. ·' ' if ~ • • ~ t ..,.,.. """ c ::J ., because they drove machinery and that in and the doors were :t I 1-,.. N in bad shape. So the uncle, and· I helped him, refinished the t • IIi a: ' Ill 1-0:: 0 ' Now he was a carpenter. I don't try to make myself ,, I, I 0. Ill a: 1-out to be a carp~nter. ·So what he had done~ he had put sort a: .• ::J 0 u oflike.a sub-flooring in and h.e even dpubled, like where--- .J o( u ii: II. 0 'THE COURT:. Uncle Andy was a carpent "r? A Yes. I mean he was pretty good. with wood. I'm not saying that . was his trade, but he was pretty g,ood with wood. He1d shore it up .. He knew how to shore it up. He made his doors, the eros~ braces and that, and he had a couple sw ing:irig _ doors on it. '• .·· " -~ '' ~ ' ,, ; '. ' !' ~ ' I I .. -~ ., 4 Andrew ·Beleichak· · • ~c .. '){{1 And he put this extra wood on the floor, like where he had run his tractors in on there, he wanted it strong. And he had s orne of the wood still touching the ground. Maybe he1d have something like a six by six or something. It would be sort of underneath it to hold it up. As far as any work on the farm, like I know a little bit about electricity, and like he had a televi. ion out there later on. And if it went bad, I'd repair his television forh~im .• And he had trouble with the battery charger, and I repaired this~ I work on instruments, electrical instruments. Pve done this. Q How frequently would these visits to the farm occur? A I'd go out there---now if he asked me and he had some work to do, and maybe he needed my help, hew ould ask me to come out. Pd say maybe it might b.e, say six times in a year, because I have my own home to maintain. I had tow ork around my own house too: Q Would you have ·averaged six trips a year over the years? A Yes, over the years. But he took---what he done, he took my boys out there a lot more, because, well, what he would do, like particularly one per:iod there, my oldest boy was getting into the age where he got interested in automobiles, about driving and that. Well, uncle was an old grandma. He watchec them. If we had tables around the house, he1d want to put pillo vs ,..,. -;-~~ . "' : f1i-· .... ~ ~\o< ~"t-' · - ' l ···~, . ' ; t ,. • I .Andr:ew beleJchak · . • · 2o2 on the edges of the benches. or tables. He was alw.ays worried r about sharp corners. So he would let him operate the tractor, but he was there with him. That1s when he was 13 or 14 years ·old. Uncle would---they had like junk and that, and I had this little low trailer, he would ride them around on it. He'd drive . the.tractor and ride them around on this little trailer. He had . a place on the back end of the farm where he'd dump old tin cans and residue that was left there. On the typical visit out there, what was the length of the typical visit when you would go out? Well, we'd go out there---a lot of times we'd go out there may )e it would be around 12: 00 o'clock·. And maybe w~_1 d stay there ·until maybe o:OO o'clock. I'd help him cut grass out there; and talking about a roadway, I helped. the uncle cut this roadway up through these woods. Whether anybody else did, Pm not saying they didn't. But I know I helped him on that, clearing trees out of the way . And l cut grass. . Did any of your kids eve·r work on the farm.? I know the boys did. They would help to clean up the place; helped him store material up in the top of the barn. Q During these years, '52 to 171, · were·you acquainted with a Joe Raab? A Yes. Q Who was Joe Raab? ., A Q A e ~ z ~ > .J >-\ Ill z z Ill D. i 0 t- (!) ~Q X Ill ~ ~ ~ 0 a: A t-Ill e c ..1 o( 0 0 ~Q :t 1-..... "A IIi a: Ill t-a: I 0 D. Ill a: t-0:: :J 0 u A .J o( 0 ii: Q I II. I 0 A e Q A Q A .. · Well, thatts Irene Raab over there, and· Joe Raab was her brother-in -law. Was he a friend of Uncle Andy's? Yes. -They were both bachelors. So I guess they had something in common. And he would like to go out to the farm too. There was another thing,! know Unc. had like a grape arbor out there and I was out there with Joe Raab and Uncle, helping them repair it because it was falling down., rE?pair this gr~pe· arbor. If you know, how long did the friendship with Uncle Andy and JoE Raab extend? I couldn't say how long, but I know they used to do a lot of traveling around like I did with the uncle too. Was it for a number of years, is what I mean. I really couldn't say. \ #-,. ;, ( ' I don't know whether he.is._'or not. f• f lr ~· .. ~-~ / f t . ' si. ··.Iii· To your know ledge, di(!'joe Raab do work around the farm? ...... "' .. ~ .• ~ .. ~ . .., . i" .... 1" I ~ • ~ 1 (L r f \. j Yes. I know, I was there; I seen· him do it on the grape arbor. How many occasions did you see him there? I couldn't say how many times. Would you say many? Maybe it might have been only that one time , but I seen Joe more often than that. What Uncle would do, come out to the 2fi3 Andrew Belejch~k 264 house, pick me up and go' down, I guess it was Penn Avenue there, in East Lib.erty, pick him up and go out to.the fa:r:m. Q During tl_lese years, was there a caretaker living on the farm? A There was a guy by the name of Lazier. · I • Q How do you s pen· it? I ~A z I don1t h. now how you'd spell that name. What he done, now he o( > .J > Ill was the man--.:.there was another fellow before him,. I don't z z Ill II. i know who it was, but they are the two that lived in this so"-callec 0 1-C) ~ shack that was out there'. Uncle didn1t live ·in that shack. He X Ill o( ~ never did. Then when the shack burn~d down, this is when the ..: u a: bus was brought out there and I don1t know who brought the 1-Ill e. i5 .;J o( u bus out. It was brought out and this is where Lazier made his 0 :I .., home. He put a couch in there and this is where he was staying. J: f-.... Q N vi a: Ill A 1-a: .. ' • j.,r ·; '\ Do you know if Mr. Lazier performed ahy work around the farm? ~· ~· ~· ~ / ' ~. ~ + • ~ • -' ' ' ' • •· •, .,. ' J • I) 'f • :{ y J-p ~-.' r ,..,..,,_~ • t I ,. f .'" 4 I • ' • ollf' ,. . I ,fl ~;I • ~ ,. ' ! ... . . .. . l f·. ' j I ....... ,... ..1 ..... .j ~ • : i ~ t . . I wouldn't •say--c..s·ee; · Unc: didnt:t charge no rent. All he wanted 0 0. Ill a: .,.: a: :I 0 u ·~ was somebody out thefe to be on the farm. And he was a man· ' . : . ' . d , .. ·." r.. ·; that used---I guess 1~hef'\\:a's on'wel:far.e·and he likedto go fishing .J < u . ii: .. II. 0 ... ... • 1 -• .·r !" ·• rl t "1 . He used to fish •.. _you!a icome. dut of.w here that farm is at and • 1o -... .. • e go down the road,. they had a reservoir or something down below there. Q Were you ever paid forany of the work you did around the farm? A No. Q I Did you ever ask to be paid? A No. L---------------~--------------------------------------------------- ----------~---..---------------------~----~-----------------------------------------.-- Q A Q • ~ z o( A ' > .J )o g) z z Ill a. i 0 1-Cl ~ :t g) o( ~ Q -t-= 0 ii: 1-A g) e Q .J o( 0 0 :I .., Q :t .... " N ui a: Ill 1-A a: 0 a. Ill a: 1-a: :I 0 u .J < !::! II. II. .0 e A Q llnrl.,..om 'Roloi0h::1k-2fi.S Did he ever volunteer to pay you anything? No. He knew !wouldn't take it anyhow. ~ . ~ ' ' I ~ ~ . ~ ; ..... ~· "" ' There was ~so.·m.E! .ili:e"~timony this' m.orning1 Mr; ;.t?elejchak, about -·4·'~' ,. J .1·~ ........ ,. 1\ "'' ,,_.: ~. Jr .\.~.,.,_A • itJ• • · ... "; ~.·f . •, a bus rear end which w a,s on the farm. Do you know anything ab put . t I r' T · 1 r-· / > · 't , I , I 1·, • , , I 't ,; 4 • ..,. __. 'II that? The only thing I know _abo~t tp,<l:t-j P'ts ts~_that he told me, Uncle . ·. "J.; \ •. : J ' .. ~ • ' Jl I' I ' • \ • ,, "1. \ ·• ~. t .J' ' ~ ' I " t did, that he wanted it the hell off the farm. He wanted it off there because he wanted to clean it up. There was a lot of washing machine parts in this bus and it just looked like a junk yard. Did he tell you whether he had asked Leo to remove the bus? He told me he wanted it off the farm and he had told Leo this. He wanted it off the farm. As a final question, Mr. ~elejchak, characterize, iL'you can, · for the -Court, your relationship with Uncle Andy. We were close. And I'll tell you, there was a statement made here earlier---- THE COURT: Just a second. You have to res pond to your attorney. If you want to talk to him privately about this statement, you can. I want it brought out; No~ no~ Mr. Belejchak. The Court is saying please be respons ve to my question. My question to you was--- ~------------~~---------------------------------------------------------------------• ------- \ Andrt~w Belejchak 266 THE COURT: If you want to recess to discuss this with Mr. ~idall, let me explain this to you so you understand. We are trying to help, if you will. " .. You see, there is no way to controly_ourspeech or what • you might say unless we know what the question is. <( z And you might make a .statement that is prejudicial to o( > .J )o Ul Mr. Terputac, you see. Now if you would care for z z ld II. a recess to talk this over with Mr. Ridall,if\._'you think i 0 .... Cl ~ this is very important, that's something else. We want :X: Ul o( ~ to be fair about it. But Mr. Terputac would have no ...: 0 a: way to' control you if you just blurted something out. .... I Ul e 0 I .J o( ~ Q 0 I asked you, sir; to speak of your relationship to Uncle Andy, :J .., :t . ... ,... keeping in mind tpat you are an iil-law; you are not a blood N ui a: relative. You tell me what your relationship with the man was. ld .... a: 0 A II. ' Well, first of all, he knew that I liked him and'! knew that he Ill a: .... a: :J liked me. This was our relationship. Now what he would like 0 0 .J o( 0 to do, he loved to drive around through the country. And I thin ii: "' 0 prior to him buying maybe this farm out in Hickory, we would e go up, we'd make trips up in around Kittanriiiqg .. And !know I I one of tp.e, trips we seen a farm in the paper. was up im the 1 . ' ., -' ' f . ' : . Frankl'iri area· •. And ,'it y.~·'a~ "up pret~ty darn.high'. ',It was pr·etty \ )1 _. *' '' ' :'i, f , + ! ... .f. ,j>' : .fl-~. J """' I • ~ • J -·;. ' -~~ '41" f ~~ ., · .• I / .. "'11' ~ ; '\ .,. ~~ ·"'l ..... ·~--· .. -• "'~~~' • -· • .. _, ·• ~. ·l•v;, ~ ! · 4 .-.• level, this ground, and th~re was a little--you could say a shack ,. ft.__, • i \ .r} h on it. There was a h9_me, mc:yl?t;. ~b9ut four roop1s on it. And ~ r , · 1 '1,·;;..,... 1 ' ... ~~ ..~ { :·..._ \!" r~: A Andrew Belejchak 2o7 was thinking of hqying'it because at that time, he was thinking ab;:~ut. a farm. 1 think there was 30 some acres. And all they wanted at that time~ all they wanted was about $1500.00 for this place. And he always looked for a farm that had coal on it, because it was, I gu~ss during the Depression and maybe they hauled coal or they dug coal out of the hills. It was about 20 foot down, and there wasn't much cover on it, so he figured this would be easy to strip out of there. I made a lot of trips. We'd go up to Irene 1s and Harry'.s plac·~ .. Was that in Kittanning? THE COURT: You can't ask questions. Okay. I didn1t know where the area was. We'd go up there. He had a nice cottage up there. THE COURT: This farm in Hickory, I dontt think we ever did find out how big that farm was. First he had a piece ~ither five or six ~cres. Then somebody ov r there had an additional amount of ground they wanted to sell, so he bought this. It was a wooded area. See, the part he was on No. THEtC~URT:. You don't know how many { '• \~. * I" ~ ~J ~t total acres, are' bri tlfe ground?.:· .• .. -~",'I ~ .,·~· ~ ' ~ J ~--• • I '« •• f ; . ' ~ . ' .. .. " .~ ..... . ' ' . ~ I I Andrew Beleichak 268 Q If Your Honor pleas~' the claimants have made the estate recorcts part of the record to this proceed~ng, included in which, of cour~ e, is the account of the executor. The account reflects a: sale of this ·land after the decedent's death for a price of $5,000. 00, and states it's 9. 77 acres of land situate in the Village of Hickory, Mount Pleasant Township, Washington County. f:. · · So· we done a ·lot of riding around, like I told you, looking for property. And then I went out to the farm and this is on • > oil " l_ i ti .. '" 'I • I occa9ior1, li~<e ·I:paiq~. :q:1ay'b~ ~n~_.tqe aver'3J;ge of may;be six times l • , , . . . , .. , ( . . , . , _. 1 1\ .... , , ' · ·.' • · r ' , • . 'I ' ... ... . "'A ... t ,r'ft ,.: '\" ... · : ,. "*""" . ..,.• ~" :~1•'' "' ... ! , .. t c. . a year or somewhere thereabouts. And now these people talking about him not buying---~ · · ' ,. . ,' I I 4 ~I • • 4 • •' ''.J ( J ' ! ! ,l 1 f '( We're talking about you: relationf:{hip to··'him. • Jf> • I -.. i -f, l ,"" i ~ , ;.,1 ' ~ ,,~ 1 "'' ~ .. i ~ Okay. We'd go up to tt;,is restal1rant, so:...called restaurant, and I didn't get no meals. I got hamburgers or hotdogs or maybe a bowl of soup, and he would pay for ·it. How often would this happen? About everytime I was out there. If we stayed any lEimgth of time, we were there,maybe he wanted to go out to get somethinE . We didntt go up to the restaurant. It is fair to say you got along .fine with him, is that right? Yes. Did you feel an affection for the man? I liked him. Cross examine. Andrew Belejchak 2o9 CROSS EXAMINATION by MR. TERPUTAC: Q You are not related through marriage, Mr. Belejchak, but you felt very close to him, according to your testimony. A I sure did . • Q But he was kind of t,oiJgh~·bn taking offense to what ,people said :!: >" z rather quickly, wasn'f he?. o( > .J )o A Ul I never had no troubie with him. z z Ill a. Q i 0 1-C) A ~ X Ul I dontt know why. . ~ ~·-· I • o( :t Q You dontt know why? , ' r • ~ 0 A 0: 1-!!! c .J Q ~ 0 r , rt, ~ • . ~ .. ~ , ., t ; ~:.r -'\. ' i I : . ~ I ~ J .. 1 'If' Your wife just got don'e sayl.~g b~cause she said something to hi ~iv •. . ~·..: / No. c A :I ., Thatts. her op'inion. J: 1-.... N Q You don tt know anything about that? IIi a: Ill A 1-What? I know she 1s cut out of the Will. 0: 0 a. 1&1 a: Q 1- Were nrt you curious as to how it occurred? a: :I 0 A . 0 Well, I mean she was cut out of the Will. What more can I say .J < 0 Q j;: II. How old was she when she was alleged to have made this stater~ent 0 to him? Doyou have any idea? A No. Q Now from 1947·---I'm sorry, from 1944 to 1947, he came rathEr frequently to your place, is that correct? A He did. Q A bout how many times a week? --------------~r---------------------------------~--.-----------,.----------------- 0 -;'"" -.,I , ~ ~.I,., I • H A Q A . . l : '.11' " ·.,.. ~-' ' ! !·~ ' And:rew .l?elejch~k t .. ' ! ' On the ·avenage, twice a week. By 1947, how many children did you and your wife have and what w ere·their ages,? if you cah remember? I had my two daughters were born 18 months apart. And I think the first one was born in 1945. Is that right? I'm heck for remembering birthdays. Am I to understand by 194 7 there were two small children? Yes. Then two others came later, is that right? Yes. Now did you ever tell ;Mary and Leo Downey that you wouldn't put up with Uncle eating at your house like he ate at their house, Mr. Belejchak? They told me. Oh, they told you this ?_ . They wanted to s:onderrin him, and I wouldn't go along with it. THE COURT: Excuse me. They wanted to dondemn who ? I guess the Uncle. THE ,COURT: For doing what? .A . For like---they were saying about him eating there and things like this. They tried to get me to say it. 270 Q A Q A ~ z -< > .J >-Ul z z Ill ~Q 0 1-. c.? ~ :r Ul -< := .: 0 ii: 1-!!! c .J ~ u c :J A .., .. :t .... ,... N Q ui a: Ill A 1-a: 0 a. Ill a: Q 1-a: :J 0 A u .J < u ii: Q II. 0 A Q A Q A Andrew Eelejchak ' ' ' l between 1947 and 1958, how often did he come to your place? On the average of tw.ice a week. The same like the period from '44 to '47. Yes. I told you there was times he could be up there everyday and there was times that maybe he was ori a trip or something, so then he wasn't there. · How areyou going to say how many times he was there, unless I kept a record of it. Mr. Belejchak, let me remind you that some o(ynur dates and times are very indefinite, and Mr. Ridall, upon examination of my witnesses, was rather insistent on times and how often things occurred. Therefore, sir, I am. asking you to be specific . I don't know. After 1958, how many times would he come to your place? I answered that question. I The same amount of times? Yes. After 19o·5, was it the same? I answered that question. Is it the same? I said on the average. Now how often did you visit with the Leo Downey's and the Tom Downey1s? We 11 now, what years are you talking abo~t? -. .. • I ., .> • ' ·~ I, ,0 ' '• I --•· '> ' ,, ' .. ' ~ - . -J 271 · Andrew Belejchak 272 Q Letts start from 1947 to 1958. A Why don't you star~ earlie:J;" when I got acquainted with Tom Downey? Q Would you like to do the examining, Mr. belejchak? THE COURT: Just a minute, now. You have to answer his questions' as he puts them to yoJ. Okay. (Stenographer reads back the last question). Okay. Did I see who? How o_ften' were you at the Tom Downey residence, if you can remember, the average per year ? Not very often. j~ • (~ J Would yo~ say once ayear,t once every couple-years o~ s~methi 1g? ' " -'. • ~ J"' I ~ . j. ;~ ~. .f .• ' t, ~ r / • .. , -~ / • • • t, r. f hi '! f r .. ~ .r' t •"\. 6 "' ' r ~ .•' ·~~, ~ "'/ j ·~ ,f. ' ~ .• -f Unles~··I were go'ing to the 'farmwlth the Uncle and h.e would stop over. 'J !' l'' ••• , 'f -4 ,.. ' ~ - I . I ~-< ,.. . f t ~ . ., I .. • ~ From 1958 on, until fie ~died: at either the Leo Downey residenc"' . ' . . ' -~ ~ . (', . ' ,·.,! •' . ' ..• f . I' \ , or the Tom Downey resiaence', how ofteh'were you there, sir? At '00 ich one now ? Okay, let's take one at a time; Leo Downey. I was down at Leo's more often 'than I was at Tom1s. Can you give us an idea of how often, to your best recollection. Well, it was six times a year. Andrew Belejchak 273 At Leo Downeyrs.? Yes. Would that be kind of steady throughout the years after 1958? Well, letts see, I dorltt know where they lived at that time. I kriow they lived on Church Street. I probably went down there more often than wh~n they lived on Lynn Avenue. How about the Tom Downey's? Did you visit with them during the period 1958 to 1971? On rare occasions . So the fact is that you really didn tt know how often Uncle Andy was qown at· either place, is that right? No, sir. ·• And yo'U didn't know wh~t he did down there ~r what he ate or . ,' ' "'· If. ;"" . I .... I ~, .. • rf ~ ... , 1 I -If r " ~ --J .... anything;\s ·tHat rtght? :: '. '!/.~:-;. ') ~ ....... · · •,. 1·;/;./! ·, P· .. ·: ·• · • .. No, sir. . , :~'I -~t .J "~ .... • .... .,. ; When did you start going :up' t,o .~he farm place, Mr. Helejchak-? On the average, how ·often would you go up to the farm per year-, s,tarting with 1952? I think I said about six times;· A year? .· Yes, on the average. And you said you fixed a T.V. set, battery charger, cut some grass and soforth. ?7Ll A Yes. The generator on his machinel I didn't mention that. Q At this time, or during this time before 1,958, did any of the Torn .,. . J · ,. -~ { f • • ( I ;· Dowrey:s come up and•help,o]Jt~? . , .. ' ' -~ 'l .• •.. ~' i . . ,,. 1 •. 1.," .·.\-'t •• '!''t.l~ ~ . J A I didn1tsee them there. perhaps that you • Q I ~ z ' <( > .J >-Ill z '~ 16 Could they have been therJ, in th,e .s}x .Vmes • . t . · t • /. -J..._ ·r / Ill" . .«f : '. were there and they weren't there and other 1 . . . -\. ·, ~ ,_' ' ~. l' . t 1 , ·, ' ··, · i f . 1 ' times they may hav, been there? I I I z 1&1 II. i A 0 I'm not ~aying; I don1t know. ... C) ~ Q l: How about after 1958? Would your frequency of visits at the Ill <( ~ farm be about the.same? .: 0 a: A ... Ill On the average about the same. e Q .J ~ Q u How often did you see either the Leo Downey1s or the Tom c :J ., :t Downey's up there at that time? ... ,.. (II fli A Probably-_--well, I told you like I went to Leo's more than I did a:: 1&1 ... a:: 0 Tom 1s. II. 1&1 So you were more familiar with.Leo and perhaps more friendly with a:: ... Q a: :J 0 u .J Leo~ is that correct? < u ii: A LL. Yes. 0 e Q Did you get along with Mr. Hohmann quite well after 1965? A I always got along with him. Q Wasn1_t his visits wearing a little thin on you people about that time? A Not according to me. Q A ~A < > ~ ~ Q z z Ill D. z 0 I- C) z A :r en < . ~ Q .: ·U a: A l-UI 0 ~ < u 0 ~ Q :c 1-" « ai a: ~ A a: 0 0. Ill ~ Q a: ::J 0 u A ~ < 0 ~ Q 0 A Q A -----------------------------~----- Andrew Befejchak 275 t~·,r-f -•.} By the w.ay, _didyou say_jo_u hE;lped lay the roa~way or cut _that ,~ ~ • .~ t .' 1 , ..,· -_14 _ ,_. 1 ' I 'I t f' 't ' # I! '\ ... • : ' I ' ' . .. . ' \.J .. ·;,.._,...-'·.,.· ........ ', .:::, . .'•\~! ' ',' •' . . • ',1' pathway for the road up to the' farm? . t ' You're putting words in my mouth. I didn't say that. 1"' ... , "e( • t. ,•,'· }: ·/ ,, ' ., , •\ < , I 'f t .. ,... "].' M~. R:IDA~l;: ; 1 ; ,, fnsw er the question, plec: se ." (,f'' -~.\ ,._,, . No, I didn't. I'm sorry, I may have misunderstood. Did you do something with regard to the roadway up at the farm? Yes. ,. What did you do? Over there where_ he had the hollow-;-well, 9y his well there waE ruts in there; so him and I leveled that out. .Wereyou familiar with who actually cut the road out and laid the cobbles tones and soforth? Well, when I first went out there the road was there. What year was this ? . When he first b~ught the farm. Sir, are you saying no road was put in, Mr. Belejchak? The road was there. They had a right-of-way in there. Was it renovated and repaired aft.er 1952? It depends on what condition y8u rre s,aying that it's in. What condition do you want it to be? It was there. In other words, just like a co-untry road that had a couple of ruts in it. And if you had a low car, you drag on the bottom. - ---------...-------------------------------------------.---~~- Andrew Belejchak 27fi Q Didn't they put cobblestones in and lay a foundation on it and then lay reddog? I have no idea. Now when Uncle Andy told you he wanted that bus off the farm, when was this? Do you remember the y~ar? No, I don1t. ·He wanted to clean it up. He said he wanted to clean the farm up. You don't remember at all what year this was. · No, s ir, I cb n r't. And to whom did he say this remark? Me. Was anybody there in your presence? I can1t remember whether there was or not. This ·.could have been maybe on one of the trips that we were taking. Speaking about the trips, he once took you folks to Niagra Falls, is that right? Yes. What year was 'that? Well, letts see, my boy was maybe six or seven years old~ I I maybe even eight years old, somewhere in that age . Q . l\ ) ,: ~ -t Can. you' c~mpute"fr?m Jhat .wh'~t y~ar, ~p,pro~~~~.tely, .it was ? . . I ' . t . • l .; t • " • ' :; '• " f /' ' * ' ~· ·~. : '~-/\ · .... li t :· .. tt ~-· J ... ~ ......... .~.,tti~,, . •.J .l ~ That wo~ld 'be abou.t 154, I gues's,'' somewhere in that area. A Q Was it your testimony that.you ~an~ed t9 ask him if you could ll'o./ .... ··~ ~~ .. ,t' f ' •. ~ ~ ~~· ~ \ borrow some money? ... ".. (. t . j ''\. ~ 1 .~ "' r"! ,_ ______ ___.~.~..... __________________________________ __j ------ • A ~ z ~ >-Ill z z Ill Q, Q A zQ 0 ... C) z ::t Ill ~ ~A ..: u a: t; Ci .J ~ u 0 ~Q :t I-I' Cll ui a: Ill li:A 0 Q, Ill a: ... a: :I 0 ~ Q < u ~ A 0 Q A I 277 I Yes. What was his answer? He said he had it in a bank account. And he said that if he took it out, he told me he would loan it to me, but if he took it out, he said it would disrupt his interest. So I told him, I said,. "Well, it wasntt that large of an amount," so I told him I would borrow it off my mother. • < Did he ask you to pay interest on it, if he'took it out? Is that . . J ' '.... ,-.. ~ ~ ' • ., I(. ..\ ,;/' th '• l" I' t" • : ? ,/ r • f •t r t I . ' t ) • -• f • J f ' 't 'l . e 11mp lCa lOn,. '. · J .• f •· .f h.l , , i· J/ , I ~ , ;: ' ~ '1:\t~ .f' ~~ ,.._ ...• 1 ·• -~' .... f.,. ·-f.·-· . , .• ~ ·Well, the money I borr.owed off my mother----! didntt borrow f I .l ~ off him, so how could he ask.me'this.? ~I didn't want to make .. .J, ~~ • ' ' ~.. ~ ' another boo boo here. t , , .• '! . ! . ,_ • • •. J. t '' ' -1 'IJo ; As a condition, did he tell you he would lend you it if you paid hi~ interest? When he told me it would disrupt his interest, then I didn1t bother. We didn't go any further than that. He was kind of tight with money, was n1t he? Who, Uncle? Yes. I don't know; he wasn1t with me. He didn't say he wouldntt give it to me. He told me, what would happen, he said it would dis:pupt his interest. Q · Besides the trip to Niagra Falls, whgt other trips did he take V"ou folks on? Andrew Beleichak 2'78 A This was a time that he didn1t have a car. So my wife 1s brother, Edward, and Leo and Tom's and Marie 1s brother, was out of work. And at that time General Electric up in Erie w~s hiring people. So we went down1 we got on a bus, all three of • us, and he took us up to Erie. . •. c( ' ~Q > .J 1:iA z z Ill D. iQ 0 1- C) ?:A l: ... , What year was this? f _1,. ._, .. I ( } I <, . f""" '•· r-. , '! . Well, we didn't have a. ca11~ ·.so t '5 t· ~""~\ ,ft itlw ould ·have to be somewhere 'Ill ...,.· ,.,.- Ill c( 3 ..: between 142 and 145/_somew,here.in th'er'e·. ~··~-t. ~.) \ __ ,.., 1\ ... ~"' • u ~Q During the War years. : Ill a ~A Yes. u· a ~Q Do you know if he ever paid anything to Leo or Tom Downey :t 1-,.. N for anything? ai a: Ill ItA That1s wasn't my affair. I didntt bother asking him. 0 D. Ill ~Q Do you know if there was ever any arrange~ent or agreement a: :l 0 u .J between Mr. Hohmann and Leo and Tom Downey regarding his < u ii: II. property or his assets after his death? 0 A I never asked him. Q So if there was such an arrangement or if there were certain things done for him, you are not aware of it, is that correct? A I'm -aware of what I done for him or what I seen done for him. Q How about 19o8? Were you aware he was ill and the Leo Downey's ,. took care of him? • A Q A Q A ~Q -< ~ ~A z z ld ~Q z 0 ~ ~A :t Ill -< ~Q .: ~A ~ VI 0 ~Q u 0 ::l .., :t ... ,... NA ui a: ~Q a: 0 D. ld rr.A ~ rr. ::l 0 u _, < ~Q ... 0 A Q : ·: ~-, ' ' I ,, ., ' I can't say that I did. You can1t remember that? No. You were close friends . With who? With Mr. Hohmann. Yeah, I was close friends with him. 1970, he was ill on two' occasions. Do you remember that? I heard about it, yes. Did you know ? I heard of it one time, okay? Let1s put if that way. Did you know he was over Leo Downey1s and was being taken care of by Leo Downey? I heard of that. Did you go visit him at those times? I can 1t say whether I did or not. He might have come out to visit me because it was a short distance there. During the time that he was ill . I had him when he was ill too and he would go down the store with me. That 1s all, Mr. Belejchak. THE COURT: Any redirect? MR. RIDALL: No. Thank you very much .. Your Honor, I • • . . Raab have three witnesses wly:>se, testimony will be relatively brief. So can we adjourn now and then finish them up in one session? THE COURT: Let1s recess for ten minutes. z ~· ..1 >-VI z· z Ill RECESS II. IRENE RAAB IS CALLED AND DULY SWORN. i ~~~~~--~~~----~------------~--~~ 0 1-CI z DIRECT EXAMINATION .oY MR. RIDALL: :t Ul' o( ~ .:Q u a: 1-!!! A c ..1 ~ u Q c :J .., :t ... ,... N IliA II: Ill 1- What is your name? Irene Raab. Mrs. Raab~ you are one of the seven residuary beneficiaries named in the decedent1's Will, ;i;s that correct? Yes. 280 II: 0 Q II. Let1s locate you for the Judge 1s benefit. She is one of the childr~n Ill .a:: li:· :J 0 u ..1 " u ii: "" 0 A Q A Q A Q of Emma, Your Honor. You are, therefore, a niece of the decedent. lam. • You are, therefore, a sister of Leona Blume. !es .. And Clara Rosswell. Yes. Both o.f whom are also named residuary_,.beneficiaries in Mr. -f"''f "' ... t: ·' 1 ,f • ,. , i.~c.'-I' f'i 'I-J';.- ~--------------~--------------------------------------------------------------------~---- ----------..--------~-~-- ?Rl Hohmann1s Will. Yes. Did you tell me you are a twin sister of Leona? No. Well, we were born on the same day, but Mrs. Delp and Mrs. Rosswell are twins. Where do you reside presently? .40o Ella Street in w-ilkinsburg. Does your sister, Mrs. ·Blume, reside with you? She does; she and her.· husband. What is his naine? William. Is your husband alive? No. I f ' ' • I . How long have you Hved w:i~h yqur''~ister,' Mrs. ~.Blume? ·,r/ f r f• ... ··rlf\t • ..rt•-.·;..,').· ,1.1 ~,..~ /·t '~-{;"'i--.~ '.~ ~ a..' tr' f. '+ f"' • • r /' I ' I r' ' ,. ' . ' All my iife but seven years that I spent in Michigan:. I • l And with your husband, .?f'"course. ! .,.. ., t ' ' : ~ 'I f· I ,P 'i ~· ~ ~ .. ~ ,' Yes. f.. . • , i! . ~ • 'o" ..f "f ---, k ! .. , • ~ I' .,. -........... ' .,. Were you·residing w_ith Mrs. Blume ana your husbands in 1940? Yes. Where were you residing in 1940 with your husband? In 1940 we were~at 40o Pebble ·street in Wilkinsburg. How long did you stay there? We were there about ten years, perhaps. L__ ______ ___!!L___~-------------------~ ~--- Raab 282 Q Then where did you move? . A 406 Ella Street, wherve we are now. Q Where you· presently reside. A Yes . • Q Let's take it, start with the y~ar 1940, and continuing up to :: z 1971.., the date of death of your uncle. Did Uncle Andy make o( > .J )o Ill visits to the joint Blume_-Raab residence? z z Ill II. A z Yes, he did. 0 1-~Q Would you tell His Honor---anc~ we are talking about a 30-year I: Ill period now---would .you tell His Honor the· frequency of those vL its? o( ~ .,: u A a: He would stop by, maybe two and three time:; a week, stop in 1-Ill e 0 .J :!: u 0 :J .., :t 1-,.. N ' ui a: Ill Q ·I-a: 0 II. Ill A a: . . ' . f . I •· J. J and we-would•have lunck,f'Or·he came at meal•time.:He would "'. -· f . ~ , i ' r • .,. ' • '"'t f ~ ,, ·' ' ;-' t • . • • J . ~ t' , •. ·. fl f ,' -~ ,. • I I ~' ' 1 • ' • •. ·~· ~ 1.., ' -• ••. ,\ ~"'--:.~ ,. ID';. . 1 ... ~ ,.._:.;. .J .,., " -t.... .;. -~~~ ~ ' "4. ... tit t • have'his dinner before he left. He was always welcome. That ('' ~-· . went on until he died. : \ •. 1•1 .• ,; ~ • .. --~";,:,J ... • .A ' , ' f t l ~ So he did take meals in your horhe. · ' ~ t,. ,. • ,. '. ' 1 -,1 • . • ' • . ., t lt. J . • ;. ~. t "J' .... \ !1 \! ~ i Yes, he did. 1-a: :J 0 Q u Did you ever ask him _to pay for those meals? .J < u A ii: No. II. 0 e Q A Did he ever v'olunteer .to' pay for the meals? No. ·we woulqn't have acc~pted it. ' Q Do you presently own a summer place somewhere? •. A No. I sold it' in 171. -~ Q When did you buy that summer place? A In 1942. IL---------------~----------------------------------------------------------------------__j' - :--------.. ------------------------------------------c·--- • • ~ z < Q A Q A Q ~ i:;A z z 1&1 D. i 0 1-~Q :r Ill < ~A .: u ii:Q I-III c .J 8Q .J < ~A II. 0 Q A Raab f Whe re.was the summer place located? ~· ' .. J~~~~· "\ I ,.. ~ ' ,' '. z .t ~ ; ; \ ' Kenrierdale·. }t1qs.,.17 •miles thiS side of.G)il City.· .. '; Did Uncle Andy ever spen~ a_ny time at yqyr summer home? t of Yes, he did. ' ·• ~- Did he ever spend a,nl{HTe~-~t :;:<;uf~~~~per home when you we e there? With me, and with my husband1s brother, he used .to go up there; he 1d make trips up there. They1d go fishing and boating~ Your husband's brother1s name is what? Joseph Raab. Did Uncle Andy ever spend any time at your summer place when your sister, Mrs. Blume, and her husband were present? Yes, if we were there in a group. Did Uncle Andy ever spend any time to your knowledge at your summer place when· you w~~en1t there? Yes. He and Joseph Raab used to go there. . . . This was done with your permission . With my permission. Were your Uncle and 'Jo~eph Raab good friends? Yes; for fifteen years they were buddies. They were both bachelors. They had traveled a lot toget~er and they had made plans for when my Uncle would retire. But my brother - in-law died in '71. Oh, wait a minute, I'm sorry. Joseph Raab 283 r---------------u---------------------------------------------~------------------ • Q A Q ~A z o( > ~Q Ill z z ~A z 0 ~Q I: Ill o( ~ ..: !:!A a: I-III Ci .J o( u §Q .., :t I-~A ui a: 1&1 1-a: 0 0. 1&1 a: 1-a: :J 0 u .J o( §A II. II.. 0 Q A died in 1o5. I -.. ~ / :.. ' ~ I • ..,. .• ;.. • , , • !\. I 1R' 'b'~·'; JJ.{/• ~-?-a ... ,# . -• ·' ·"' • ~ . . ·I d, l ,"' •' .. • ,._,_ Did any of the Belejcn~k :c~il:dt"e.~ ~~~~~ 'go: toyour summer place? ,.... ' Yes. My uncle brou ght~t£i.~~-~p:~p~~~~lt('?lbert up, brought the girls up on one occasion . Would it have happened on more than one occasion? It co'uld have. He always had people there. Did your uncle ever give you any presents? Yes. He came to our place. 284 Would you tell the Court on what occasi~ns and with what frequer cy · he would give presents to you? Christmas. And he:would come to our.place for---I dontt know how to tell you---my sister would L.eep books for him . Mrs. Blume, you are talking about • Mrs. Blume, Mrs. Leona Blume would keep things in order for him. THE COURT: For Uncle Andy? Yes. And maybe he would drop 1'$lO.OO for each one of us. This wasn1 t for anything in particular. He would give it to us, hew ould drop around at Christmas time and it was som~thing- as arid;fhe girls talked about stockings, we would receive those stockings, Mrs. Blume and myself. Did your Uncle Andy ever lodge any valuables in your residence? Yes~ he did. -·--------~----------------~--~----------------~~ '----------11!.....-----------------------------_jL_ -- ---------------,w-------~--~------------------------------------------------------- • ~ z ~ > .J >- Q A ~ A z. Ill 0. i 0 1-Cl z :r Ill ~ ~A ..: 0 a: I-III c .J ~ ~ c :J .., :t I-,.. N IIi Q 0: Ill 1-0: 0 0. Ill a:: '"" A 0: :J 0 u .J < u ~ Q 0 A Q A 28n Would you explain that to Judge Simmons~ please? My Uncle left a certificate there for $15$000.00. And I think it was there for two years . He came and picked it up one day . THE COURT: Who had possession of thE certificate? My sister and I. THE COURT: Jointly? Yes. And he brought it back in about a week. He just brought a $10, 000. 00 one back,· it was minus the five. And then the ne) t day, the following·day, he came back and p~cked that $10,000.0 certificate up . Was there any reason why he would lodge valuables with you anc your sister, .Mrs. Blume? I don 1t know. He always came to our place. He was truthworth , we liked him; we loved him; he was our uncle . . Did you have·a safe place to keep them? We have. a safe. We are not supposed to tell it, but we do. . ' ' I . . , You indicat~q four sister,; Mrs. ;1.Blum~/ ·pid b,ook ,work,:for your ~ I 1 • ~ I ,f ~ ~ • ' t ... ... . . -~ ~, • . \ .,. k ~ ' ~ ~ '.-.' 'f "' ·o . ~ ' uncle. I donjt understand what that means . . . Well, she would go~"C?.;~r dif~~reqti'·t~~~s. Well, for instance, •~~,. f~· • • -~ I 'I , , . . . ,. . ,; ... ,. ·. about the property, she~was always int:._elested in anything like _.,.. ' ' " ~ 1-~ •· 'I . I • ' ' . , Q A • Q ~ z < > .J > Ill A z z Ill ll. i Q 0 1- C) ~ A :r Ill < ~ Q ...: u a: 1-Ill c .J ~ A u c :J ., :t 1-,... N ui a: Ill 1-a: 0 Q. Ill a: 1-a: :J 0 u .J < u ii: Q IL 0 A Q A ') 0 L' that. And they would have a lot to talk about in regard to price • and that sort of thing. Now do you have a sister, Clara Rosswell? Yes • Who, as I stated before, is one of the seven residuary beneficiat>ies named in the decedent1s Will. Where does Mrs. Rossw ell live? Dearborn Heights, Michigan. Can you tell the Court how long she has lived in Michigan? Since 1927. Will you tell the Cou:r:t something about the relationship between your uncle and your sister, Clara? My uncle would take trips to Michigan and when he would go the e, he would stay·with her for a month, two months at a time . At one time I think he was there almost a year. 1 And just abou a year before he died, she came back here. She made so many trips back, arid she kidded him about going to retire and she . ~ ... said, ".~P.~~\ Pll corpe b,;ck and keep hot;~'~e· for you on th~ farm " ~ '~ ; f ·' IJ .. • ~ "' ·· ~ · .,• , j ;;.~. / 1 ,1 , , r, . •f • -~ ~ '· .. f .... /. ... .., ~ · .\. • .. ' l ) ·· "! i .,, .. , v·: . ,' ~' l ( .. ; Did fie make frequent· trips to Detroit'?'4 ~. • J Yes, he did. To see his sister. Yes. ' . ' ,, ·~ . THE COURT: be his niece. .. . .. ; ' J • l I ' l-" I ~. Now Clara Rosswell w ou d ----- Raab 287' A Ye·s. She is my sister and she is a niece. THE COURT: That would be your sister, but not the 'decedent's sister. I think you said his sister Did I? I didn1t mean that. That 1s right. Itls the decedent's niece. THE COURT: In other. words, Clara is II ; •I i • t II ·' " . :~Your· s1s er .. t~'· , l"' ·<4. 4 ·. ~· tfr:'. ·, ... ' ~ . j ! It ' t f ' 't. " .• Clara is my sister. (#.;-1 I ~ ~ • o' ~ ~"'· , . \.'\I 'Itt I , I The four of you resided togetherrfor a l9 ng time. ~ ~ '.... ...~ Yes. ) ' . . . And you testified-that Uncle Andy made frequent vis its to your household. How did your husbands get along with Uncle Andy? Very well; and not too long before Uncle Andy passed away, that was before my husband passed away in 167, Uncle Andy was up at our place in the country and he told my husband that he could come over to the farm 13;nd pick out any piece of ground that he wanted, if he wanted to build a house over in that area. They got along well together. How would you characterize your relationship to your uncle? . . . I liked my uncle. He was only~ little over two years older than myself. We were practically raised together, and he lived at om home. THE COURT: You mean as a youngster: A • :!: z <( > ~A Ill z z 1&1 ~Q z 0 1-Cl ~ X Ill <( A ~ ..: !:! Q a: 1-Ill a A .J <( 0 a Q :J .., J: .... ... A N ui a: 1&1 1-a: 0 a. 1&1 a: 1-a: :J 0 0 .J <( 0 ii: "" 0 Q A Q A Raab After their homestead was sold~ I think Andy was just about 14, and their homestead was sold in about 1918. Then he. would live with the Downey1s and he would come down and live with us at our hom,e,~-~y mother's aJ:'!.d father 1s I '-' • j , /' ., , f I ; '. • ;<·~·} • ;/ ·~ ; ;' • t • ,,[.: \ .'~ ,, ·. ; . • . •. ' I •.. · .. ' \ •. I I 'i.-· ...... ··THE"COUR~: ,j • Right. ·' i .. .' ' home.-~ •. f' > I ,.. r > '~ ' f ·)I· . ,. ; ' ' ·; r , ••• -'.~ "'-~ •, • j .. .J • .t ~ .. ~ ,-J ~ ... f You were·the McClusky's Mrs. Raab, w'ere you ever.present at any time where Uncle Andty r 1 4·. 1 · :-, ~ t• r, • ~ signed a Will? ~ .... ~·· ~ 'J ,( ; ... L ' ~ ..,... ... ... ! Yes, I was. Would you please explain the circumstances of this ,to the Judge Uncle Anthony was going to have surgery at M~rcy Hospital. ' In about 155.· And he was to have the surgery at 7:00 o'clock. < I went down to be with him. And he wanted to have a Will made. We couldntt find a Notary Public at that time. We had tried the night before and th'ere was no available place open. So I made 8: Will there and he signed it. What do you mean, you made the Will? I wrote it out, "All of my worldly possessions I bequeath to my brother, Leo Hohmann." Was this in accordance with Uncle Andy's instructions? With his instructions, yes. And he signed it. And I kept it; it was put in our safe. 288 ----------------~----------------------------~--------~--~~~-------------------' • ~ J ' ?RO Q Cross examine. CROSS EXAMINATION By MR. TERPUTAC:' :!Q Mrs. Raa~, ·how oftenw;e.reyou over at the Leo Downey residenc z o( > .J or the Tom Downey residence? >-Ill z ~A Not at all. D. i ~Q C) So you don't know anything about what had transpired between M!. ?: ' :t Ill o( Anthony Hohmann and them regarding any 8. ·) agreement or ~ ..: ~ aprangement to leave them anything, is that right? a: ... ~A I w ouldntt know . .J o( ~Q You don't know what he did when he got there, what they might :J .... :t 1-.,... have done for him, is that correct? "' ~A Ill That's right. ... a: ~Q Do you know anything about the farm or who did anything up at tllle a: ... a: :J farm? 0 u .J ~A u ·I know that my brother-in-law did a lot of work up there. ii: II. OQ Who was that? A Joseph Raab. He was a construction worker. Q Were you up there at any time? A I used to go up occasionally. Q When you say cccasionahy--- ~ A Not too often. I had my own place to go ,t'o. • I ,. • f "' ' ' I - . ( '. • I ., . I Q A Q A ~ ~Q ~ )o Ill z z Ill ll. Where did you live at that time? In Wilkinsburg. Are you aware .at any tim:e that Mr. Anthony Hohmann paid ' ,. or ~ffered to pay anything'at all to Leo or Tci:i:n Downey? No: That's all. ., i 0 I- C) z i: REDIRECT EXAMINATION By MR. RIDALL: Ill ~----~------------------~------~---------~ ::: .:Q ~ ~ A 0 .J < Q u 0 :I ., :t 1-" N rti A a: Ill 1-a: Q' 0 ll. Ill a: 1-A a: :I 0 u .J ~ u ii: II. 0 Have you been in Court since the beginning of this proceeding? Yes. '• .Then you have heard.Mr. Hohinann characterized. as being miserly. Yes. Jd~J9~ agree w ith .. that, statement? .. ' ·MR. TERPUTAC: Objected to as beyond the scope of the direct examination and not brought out on eros s exa.mination. THE COURT: Well, !'think technically ydu are correct,1 ,but under the cii~~m?stances b t'' I 1, '• i J / I """ -• <' • 'J• ,,. ,·¢··~ •,\ I • .,!14,_ (l 'f I • 'I I J' t 1, ; ll ~' j_ • ' '' ~ ,I < ,:; if,... jJ .,.. . .' of.'~I}.,..equity. pr:,oce'edirig .· ~e will aHow t.it.•. · . -11 ... . ' . ')Q(\ • :! z < ~ >-lll z z Ill a.. i 0 ... C> A A ~Q :I: (I) < ~A. .,.: u ~Q (I) Q .J < u 0 :J .., R.aab He wasn't miserly. THE COURT: But I do say you are technically correct . I think he helped everypody that he could. THE COURT: In other words, what he is saying, itts not pure rebuttal testimony. We ap. forget things once ina while, Your Honor. Mr. Ridall, about the money---- No. If you are r,es ponding to my l.ast question, all right, but no thing else . That's all, Your Honor. :t ' ~ \ 111 THE COURT: ui a: Ill t:MR. TERPUTAC: . No.~. ~ ' •· 0 a.. Ill a: ... a: :J 0 u t :/t /1 F (Witness excused).' · • · ·' · .J < u ii: 11. 0 ! ,, ' ., I , ' \ .. \ ; 'd' MARIE BALENT IS CALLED AND DULY SWORN. DIRECT EXAMINATION BY MR. RIDALL: Q What i6Jyour name? A Marie Balent. Q Mrs. Balent, you are one of the seven residuary beneficiaries named in Mr. Hohmann's Will. 291 A Q A Q A ~Q o( > . ..1 ~A z z Ill ~Q z 0 ... ~A l: Ill o( 3:Q ..: ~A ... Ill e. 0 ~Q u 0 :J ., :t 1-,... "A IIi a: Ill Q ... a: 0 0. Ill a: ... II:· :J 0 A u ..1 < u ii: II. 0 . Q A Q A Q A Balent Yes. You are the sister of the claimants Thomas and Leo Downey. Yes, I am. Where doyou live? I live at 4157 Ivanhoe Drive, Monroeville. Are.you a widow? Yes, I am. When didyou·r husband die? ., In March of '71. When were yo,u married? ' ~.. : '"' .... I f ; , ( 41 ~ f ... ; ' I was ma~ried _in~19o3· .. ,t< ~ · • ' . t . I ~ ~ ~ r ' ' , "",J..,.r' :I ...... Looking at the family ·tree,1 yc;mr mother was Clara Downey, .. r . ~ ,. "1 ~ ' ~ ' ;·' ~ a sister of the decedent..~~·, · ', ·,' <.l'. · · · That's right. •... I; '. ;. .. ·' ' Did the decedent, Uncle Andy, reside at any time during his life in the residence of your mother, Clara? Yes, he did. He resided there when he was very young'. And he was with us part of the time during the Depression. You remember living with him in the same household? Yes, !do. Are you presently employed? Yes, I am. I work at Westinghouse Electric. Were you employed prior to the time ofyour marriage? Yes, I was. I've never quit working; I've been there 37 years. 292 e :!: z -< ~ )o Ill z z Ill II. i 0 t- el z :r Ill -< Q A Q A ~Q ....: 2 a: t-Ill i5 ~A u c ~Q :t 1-" N ui a: ~A a: 0 II. Ill a: Q t-a: :I 0 u .J < u ii: A II. 0 Q A BalPnt • ~/ I~. With' the·same einploy;er,? • ~: :~ ~:./ • .:. • '• .J ' ·< ·• ~ . n J!. ,;J) ·.:. I ... Yes. .. ~ • -•I • Prior to the time ofyour 'mC!-rr_i§l.ge and go back as far as you ~ ........ '. ( .. ' I ' I ~ ' .. .. I I want to, where did you live? r ... '\ "' t ~f'•t ~ ......... ,,. ) . . I'\ ..... ' I • ' 'l . ' .' t .. ,. . t Well, after my mother passed away, we moved from our family residence, which was 229 Arthur Street, we moved to Forest Hills. And then from there we moved to Turtle Creek. And then when we moved to Turtle Creek, my dad was going to remarry and I had moved. I got an apartment of my own. What year, approximately, did you move into your own apartment, if. you can remember? I think it was around r44, Did you reside by yourself in that apartment between 1944 until the time you were married? Yes, I did. During that period, Mrs . .Dalent, did you ever receive any visits from your Uncle Andy? Yes, I did. Would you tell the Court something about the frequency of those vis its ? Well, he didntt visit me very often then. But I had the apartmer1L; it was after I had married and we had moved into a house. THE COURT: You married in 19o0. A Q A Q 'o3. was J.~,.. ~ I. Ealent . \'· ; )1 .... f • .•, •.• j " ..... 'i •• • -·' ..... 4 .... ~"-•~ •• / ;_ ~":.! .. --. t" And he never did y~s.it.me~ v .. ~:r:Y;,.of~en.~lthink the .. .. . ' . . \ '\: ~*. ... :.. ,-:"· t .· >f. ~ t o4 t '· I didntt have any children; and he visited the ones that had children, because my uncle loved children. reason more ofteln Did he, prior to your marriage, .ever: come to your apartment? Yes. he did. I don't say it was often, but he did. And on any of those occasions, could h~ possibly have had a meal with you? I wouhin1t say it was a meal, but he. always ate something, if it was dessert or something like that. And I did have him one· year for Thanksgiving dinner, he and his brother Leo, while I lived there. Now following 19o3, which was the year of your marriage, where did you and your husband reside, starting 19o3? ~ I continued to live at the same place for two years. And then after that we moved to 402 Homer Drive in Churchhill. During ::this period, following your marriage, did the frequency of your _uncle's visits to your residence increase? Yes, I would say it did, because I lived on practically the same street my sister lives on, and sometimes when he'd visit her hE 294 would stop at my place too, if I was out in my yard in the evenir g. You were still.working. Yes. During the years follow ~ng your marriage until the time of ~is death, can you give us any idea how often he might have come A y Q • A ~Q o( > .J ~A 2! 2! 1&1 D. i 0 .... 0 ~ J: Ul o(" ;:: ...: 0 o:· .... Ul i5 .J o( 0 0 :J Q .., :t 1-,... N A IIi 0: 1&1 .... Q 0: 0 D. 1&1 0: A .... 0: :J ·0 u .J < u ii: Q ... 0 A Q A Q Balent around to vis it you ? No, I wouldn't say it was every week. It may have been a couplle weeks elapsed in between times and maybe sometimes longer. Did he ever give you any presents? Yes, ·he did. . Would you tell us what? He gave me hosiery the same as he gave my sister and my siste"- in-law and my cousins and aunts. And for birthdays, one year there was a birthday party for me and I think he gave my sister in-law Mary Downey money to purchase a present for me . And various times I think he did give me $5.00 or ~omething like that. Would you characterize your uncle as being miserly? No, I wouldntt say so. He helped a lot of different people. Did your uncle ever tell you that h.e had lent money to Leo Downey? Yes, he did. He com{l>tained because he wasn't paying it back to him. . . Do you know· when this might have been? • ' .I ' Well, I remember .around 1the time thaf.he complained .to me an:l l l. I '' . . t • '. . . ' /• . 'I ' I f' ' ·J ' ~ I • I ,. . ·: ~· ~·\·~ (I! •• .. i .. r ,._ ,..,J I '*' j! •.!r .. r• ·~~ ..... ,.t"" • ... l. lotf ' -. -,-. ~ ,... . '~ I think that was around 1o8. Did he ever t~ll you ho~ rhu~h money,.H~ might have . ' . _,. • ',f . ~ ' • f \ -t I r '.' ,· ~ "l, lent Leo? No, he didn't. II ~ t .. . ~-t .\ J. ' ' , I : ~ ' . . Did he ever tell youJ wliether he ha'd made more than one loan t< Leo? 295 ----------------w-------------~------------------------------------~------------------- Balent 296 A No, I cantt say that he did. Q Did Uncle Andy ever make any statements to you relative to ·including you in his Will? ' A Yes~ he did, once. It was when IJived on Homer Drive. ' • Q . ., . When would this be? <A That would be around that time before I 'moved from there. I z < > .J )o moved in Tti9; VI z z ~Q What did he say.? z 0 ~A z . - He said, 11 You are in my Will." Thatts all he said to me. Other .. :t VI < ~ than that, I never talked to him about his money or his will or t-= 0 a: anything. 1-Ill ~Q < How would you characterize your .relationship to your uncle? 0 gA .., I liked my uncle and I figured he liked me . J: 1-~Q < Didyou feel an affection for him? ui l!iA 1-Yes, I did. a: 0 D. ~Q 1-a: ::J SA ' D th(nk_,_ t_l\ t ff t' :'1 t 'd? H e .. _. .t. ' oyou 1-ha .~a E(C wn.was _re, urne . , " 1 r 11 ., I • t . : .. / • ( t .J ' '.:. ,. . I -.• ,· '} 4 ,, • .... ~ • ' .. I . • ' ' 1-. ...: ·-:.. -,_ " ; v l ~-. . -\ ·: ~ -. f i "" t •• '1. ~ ' • : • Yes., I chef. ._.-~ · . ·· · · ' .J < ~Q Cross examine. IL 0 e e Balent 297 I CROSS EXAMINATION By MR. TERPUTAC: Q A Q A :!: Q z ~ > ..J >-A Ill z z Ill ~Q z 0 1- C) A ~ :X: Ill ~ 3: Q ..: u A a: 1-Ill 0 ..J Q ~ u 0 :J .., :t ... .... N A ui a: Ill Q 1-a: 0 a. w a: ~ 1-a: .:J 0 Q CJ ..J ~ u b: A II. 0 Q A Q A Q A Mrs. Balent, did you say you were married in 1963? Yes, I did. What was your husband's name? Thomas Balent. And you lived together with him until he ~asfi>'ed away, is that ri~ ht? ' . t .,' ~ .. ) That 1s, righL · r I ""'t ., \.,. 0 r ~' ... ..,... ., i When was that? I .,. r~'' .. ; I , --· , .I\' • J , ·~'" .. \ ", ~ i (' -'. In 171, March 22, •t: ~: .. I J1 • • t -A ~.·}. > ' ' . ~ ... _ ~ ' That was just before .Uncle An?y: di~d: · t . • .~--,, \ .~ ·r-~ ~ ~ . • Yes, three months previously. ' ! ' ' During this period of time, how often did Anthony Hohmann com~=> to, vis it at your place ? .You mean during the period that I was married? Yes, Ma1am. Well, as I say, I don 1t say he came every week. Would you say once a month or once every couple months? It could have been. How long did he stay? Well, he would stay maybe two hours or something like that. Would your husband be there when you talked to him? Yes. Your husband didn't care for him, did he? I don1t say he didn't care for him. Balent 298 Q Isn1t it a fact that.l].e would go upstairs when uncle came ihto the house? A .... ~~ ~ . ,. 1/-""'! :.. • ' " 1 '*: If you 1re re(et:hng to a_ time ~l;lat my uncle came,.and r:ny husbanc ""''1! r, -·; ' ~-~-~ "{ . ~ ' J ~ .~ .. , '!!!i ~, ; ~ t . :.. • • 1 .J. . •. .. . ..• t I •. ,I .' ' i·. • . 'I!; .~ ..... ' . ,• : ... , ,. { I ~ . .... " _._ I h. t \ .. .. • L ' ' . .. . . ; 'J tY/ ... ... JCt\ ' ., : .. ' t ' " ... J • ~ ~.A was working 'in.'the·cellar,-atjthat•time we were doing repair •• < z Q work around the house and',he· iFas workirig in the cellar. J(f ... _,. ·r, • ,. ,:· . . . : '·. ' ~,. ,, •J d \1 Is your answer that your liusbarid did1 riot~attempt to avoid Uncle < > .J > Ill z Ar:dy? z Ill a._ A z No, he didn't. 0 ... C) Q ~ Did_you ever hear your. husba-nd say that if Uncle Andy ate at X Ill < 3: 'his place lik~ he did at Tom and Leo1s that he would put a stop ~ 0 ii: ... to it? Do you recall that?. Ill e: c .J A < u No, I don1t . c :J Q ..., When Uncle Andy. said he would leave something to you, Mrs. · :t 1-,... N Balent, was there anybody present when he said that? ui a: Ill A ... a: No, there wasri1t. 0 II. Ill a: Q ... . When did that occur? a: :J 0 A u Pm pretty sure it was between 168 and 169. .J < u b: Q "" And where did it occur? 0 e A Q In rriy home at 402 Homer Drive. Where was. your husband· at this time? 'I '1, A. He may have been 'downstairs .or upstairs, ·I don1t know. Q Well, from all the testimony, it appears,that at one place or another; Uncle Andy always ate at someone 1s house, one of the relatives. Is tha~ right? ------------,.---------------- Balent 29~ A Well, yes~ hie may, and anybody else that came around ate too .. Q Well, the point is we are talking about Uncle Andy. We are not talking about anybody else. He hardly ever went out to a restaurant to eat, isn1t that right? • A I don't know. I wasn1t with him .all the time. < ;zQ Mrs. Balent, how many times during the, say since 1947 < > .J )o Ul z to 1958, were you o.rer at the Tom Downey residence? z 1&1 ll..A z How often? 0 ... ~Q Yes, Ma1am. :J: Ul < ~A I really couldn't say, because I think the whole time my brother ...: 0 0: ... Tom was married I think I was at his home twice. Ill Q ~Q From 1958 to 1971, how often were you either at Leo or the ~ Q ::> .., Tom Downey .residence? :t 1-,.. NA You mean my brother Leo1s residence? IIi a: ~Q At the Leo or Tom Downey residence, either one. 0 ll. 1&1 a: A ... Well, I don't think I was at my brother Tom1s residence during a: ::> 0 u that time. .J < 0 ~Q How about Leo1s? 0 A Yes, I would say I was there. Q Doyou get along with them? A Yes, we did. Q You did? A Yes. .. ' .I .. THE COUR~: Are you inferring that you ' . .. r "' .. :~ ' Balent .. don't get along with them now? A Well, after all, someth{ng like this in the family, naturally, it1s goirig to cause hard feelings. • Q So you don1t know what arrangement if any ~r. Hohmann may have made with Tom and Leo, is that right? A .. Q You don't know what if anything they did for him in return, is that right? . A Well, Pve been at my brother1s housewhen my uncle was there Q Please answer the question, Mrs. Balent. A Well, would you mind repeating the question? (Stenographer reads back the last question.) A ' I don1t know, if I wasn't there. Q That's all, Your Honor. THE COURT: Any quest-ions? MR. RIDALL: No. (Witness excused). I I I • "'"1'. f I ,,.. f ~ ' ' ~/ ,.'\';,>'. ; I /\. ~ , -,[j~. :.·· 'i "'!f' ..• ' • l ·. I ' l.' , . ' ' ' ' t ! . .. I • . ' ' .. t . ' --~ •· 1 '. I( •• '·I r ~ . ~ ,. . '"\! .• ' • .MAGDALYNN DELP IS CALLED AND-DULY SWORN. DIRECT EXAMINATION BY MR. RIDALL: Q A Q ~A z ~ i:iQ z z 1&1 o.·A i 0 .... ~Q X Ill o( 3: t-= ~A .... Ill 0 ~Q lJ 0 :J ., :t ... " NA ui a: What is your name? Magdalynn Delp. Mrs .. Delp, you are a niece of the decedent, Mr. Hohmann. Yes. Your mother ·was Emma McClusky. Yes. You are, therefore, a sister of Irene Raab and of Mrs. Blume and of Mrs. Rosswell. A twin to Mrs. Rosswell. ~ t ' You are not one of the seven residuary beneficiaries named in ~ 't". I. .... , I . • ·~ ·' f"' '', ~ ....... \-I • ' .... .. , -l ' ; •\ • ' ' ' I • I .. ~ " ~ ' t ~ t /~ ... ~ .-' ~~j4 .. ,~ .• ~It ·~ .. ~-~. ~ ........ ·:"' ,.to.;,.~. , ' t .... t l. the uncle's1 Wilt.'· ·· •' ·• " -" · ~ t. No. I· . ·•. .. ..-, ,, 301 ~Q a: 0 D. 1&1 a: • jl>' ' ' Your Honor, Mrs. Delp· wo}ll'cf· be' found. a:t. this pos itiori. (indicat ng ' .... a: :J SA .J o( ~Q II. 0 A Q A Q A Q on the family tree). ,1'= • ' "t-t ..... #• .-~ .• l • i W,her .. e do·y~:nr fiye? 724 Broadway Avenue, Dormont . How long have you lived there? 41 years. At the same residence? Yes. You are married, of course. I hope. Isyo.ur husband alive? r""''"""--------..---------------------------;------------------- ,;;-' A Q A ' Q • ~ z A o( ·> ..J )o •. Ul Q z z ld Q, i A 0 .... . (!) ~ X Ul o( ~ t-= 0 0: 1-Ul • 0 ..J ~ u Q 0 :J .., A :t 1-"' N ai 0: ld 1-0: 0 ·0. ld 0: 1-0: :J 0 u ..J < .. 0 --iL Q b. 0 • A Q A Q A : Delp Yes, he· is; hers over there. He is in the Courtroom. today. Yes. Being a dau'ihter of Emma, would you be able tb _tell us whether Un~le Andy resided with your njother at any time during his life? Yes, he did. ·' Would you tell·us when? came to live with us and then ,he 'Xould stay so long and go out tc . "'··. •i How long would th~s .. have ce~~}t;~e?? ... , r.,t'1'', : ; ·;" • t t ~ ~.: ·' ... ~ \j r, ~~. ~\ 1 Oh, hetd maybe 'stay with us maybe a couple months and take of and go·out and stay with Aunt C_lara for awhile and be there for a few months and come back.hom~. He had two homes; our homE and Aunt Clara's. And he lived. with us up until the twenties. ·Well, he was still there in '27 whenever I was married. Do you··have ~ny children? Two .. What are their names ? Altheda and Marlene:· ' ',t Over the course of the years, .. has your Uncle Andy made trips to your residence? Yes, he has. 302 Q A iQ -< ~ ~A z z "' Q. i 0 .... C) z X Ul -< == ..: u ii .... Ul c .J ~ u 0 :::> ., :t .... ,... N ui a: ~A a: 0 D. ill a: .... a: :::> 0 u .J o( 0 ii: "-0 A Q A .1 . ~· I I t303 Delo "' 1 'I _.... 1 t . •,:' •J ' • 1 f. ~ 4-# t\ r , • 1 1 > -· ~ -• ~ ~ ~-J t ~' • • ' l '\ ' (1 ,t'o '• ( ' ' I).. . ••. I I , l . • • • , ' And lett's limit' our testimony from '1940 on; and of course, you were married in 1940. Would you tell Jl]dge Simmons during I f. 1' + I I M. , , ~ ··"'\· ,. I . ,, • f! • • , ' those years, between 1940 a'nd .the tirrie he died in 1971, the . ' ·.. ~. frequency with whichy,o.ur-brothef 6a·:rr;~!t~your residence? Uncle. Excuse me. That1s all right. There are too many names. He came over at least, I wouldn't say---I couldn't pinpoint it down to once a week; it wasn't once a week. It was any old time he'd come to s ~e me in Dormont. Then in 1942 I lost a little girl and he was over very frequently then._ He came over quite 8: biit then. And I'd say he was over at least two or three times a week to see mE . THE COURT: What time was this? In 1942. And then, of course, as time went on, . it was n 1t so much. But I'd see him at my sister's place. THE COURT: He'd be out at sister Clara's? No. Irene. Clara is the one in Detroit. You are describing the period now some time in the forties. How about later years? Let 1s talk about the fifties and sixties. I had an antique shop on 19 down here at McClelland Road, and I opened it in 149. And in 157,1 guess it was, my uncle used to -·--------~----~~------------~----~~--------~~ Delp 304 stop to see me a lot because he had the farm over in Cecil and he used to come down at McClelland Road and stop in my sh0p and go on into the city. He always stopped to see me anytime he was at the farm; he would come to see me. And then he was goirg in~o the hospital and the hospital had called for me to go over ~ z to the farm to see if I could .get a hold of him. They had a room o( > .J >-Ill for him in Mercy Hospital. I went ov:er and he wasn't there. z z Ill D. i He had already gone, .but there was a man that stayed there and 0 1-C) ~ he was the only one, he told me he's .already gone to the hospita . X Ill o( ~ Q What year ar_e you talkiJ:]_g about? ..: u A a: 1- That was about 1956, I think. Ill 0 .J Q o( Let's address ourselves to ensuing years in the sixties. .~ 0 A :J "'I 158 is when·he came to my shop, a little before. When Leo :t 1-" N Downey came back from Califo_rnia, he had a little girl that was IIi a: Ill 1-a: born in California, and I've never seen her . .out my uncle was 0 D. ... -a: 1- crazy about children . He brought Leo and the little girl out a: :J 0 u to the shop and they were out there for about anhour or so, and .J o( u ii: II. 0 Q During the sixties, did your uncle 1s vis its to your residence continue? A .. ., .. '. ~ .. 'f"l" ... ' •.. ,.. Yes. In '58, it wa~~eiac.tly .15S ·:b~cau'se' right after Leo came back from California he moved down on to Gilkerson Road, and my uncle used to stop almost every Saturday to see me. • ::!: z o( > ..J >-Ul z z Ill II.. Q z 0 1-" ~ :r Ul o( ~ ...: 0 ii:A 1-Ul 0 .J :5 ~ c :J .., :t .. " N ui a: 5Q 0 II. Ill a: A 1-a: :J 0 u .J, < u ii: II. 0 A A I Delp And he'd com,e in and I asked him this one day in particul~r·, tJ;r;tp was every Saturday, I couldn't swear to it, I asked him if Bos 111e wanted a c~ p of tea. He s~id,,, "No, I'm in a hurry. I'm on mw way down to Leo's. I have groceries. " I saw the groceries . There was four big cartons of groceries in the back of his car. He said, "You know, the kids have to:eat. " So he was taking • them down. My uncle was. very good to Leo a~d -'-Tommy Downey. You are talking about here once again events somewhere in the fifties. In the sixties,_ did your uncle's visits toyour residence continue? Well, he stopped a l,ot after he retired because he was in East Liberty and I moved my shop off the highway out to pear the WeE t Penn Hospital on Penn Avenue, 49th Street. And he would stop· I -, On an average of two or three,_ti:r\l.es a week. .I r .. • ,. , "~ ·"""' ~ ' 1 ' 1 r ·. ~ ~ f I, 1 ' · L.~ -· '· / r · " .r: r ... THE COURT: Who was he taking these ... . t • • r·• -.,\ . . \. t.., ·., '· ' l ~ . • groceries to? Leo Downey. THE COURT: When was this? In 158. Leo Downey had come from California. And I don't I b , know where he lived or anything else, utI know at this particu ar r------~------------------~~~~--------~~~~ I Delp 306 I time he lived on Gilkerson Road. And I passed the road and I ' my uncle1s car was there. 'There wasn't a thing in the car. I stopped, there·was a couple of them on the porch. I took off because I live :tdght down there. It did not have the groceries may have taken grocerie_s, tc;> the Leo Downey residence? ·. ' I Yes. He stopped, it was two\ve~k·s late~-he stopped again, .r ; '> ,, ;~, + • ,. . • • ~# ~ and it was always onl'a -~~t:urd.'~·Y.'~e_cause··;r-closed early, on --~~1. .... •..•. • ' Saturday, and I was almost ready to go and he said, "Will you :bide ·down?" I said, "I'm not quite ready yet. I'm waiting for a customer. 11 He said, "I'm going down to Leo's." He said, "I have some things here to give him. I have groceries and stuf+' for the children." And that was it. Would there have been any other occasions that you know where he took groceries to the Leo Downey residence? That1s all. During the course of the visits that your uncle made to you, to your residence over the period ofy:e:ams, did he ever eat a meal at your house? A No. Just like an.y visitor came in, if he was there, he 1d have some tea. He didn't drink coffee; he drank tea, tea or some thin~; but very seldom. He would stop fromv.w0rk,J.oo. ~I --:-----v-------------,--------------------c----~ I ' I Q I A Q A Q . ~A z o( > .J >-Ill z z Ill D. i 0 1-~ ~ X Ill o( 3: ..: u 0: 1-Ill a .J < u a :J .., :c ... ... N ui 0: Ill 1-a: 0 D. Ill a: 1-a: A :J 0 u .J < u k: II. 0 e ' \· \ A r I Delp 307 Did you ever.~cha~ge him for whatev.er food you gave.·pim? ' ·, l' . . . ' . . ... ~.. ' He was lmy·uilcle·. · ~ '' n . , ·~-~ , . ,. , .. '. ' . ' ... .. f ~ , , I f J > '·fJ• ' f I f 'J ' j-,): '-/' 0.!.. ' .. "'" .~, 1 ' .·"' .. ~ .. ~ ~ ' No. ' . Did tUncle Andy ever make any· ·gifts to your children? " • I t '~. . Yes. • l .: ., .... ,Would you teliJudge Simmon~.~bol}t~th~F·. p~~?-~e? Slowly, now }. i I \. ' J f. : ~ ,f • "f<". i '. He would come·.over anytime. He was crazy ~bout children, the two girls that I had. And anytime he1d come over to see ther , before he left he always gave them $1.00 or half a dollar. We said, "Oh, Uncle, don 1t do that.~' He said, "Never mind, the kids -----" MR. TERPUTAC: I can1t hear a word she is saying. THE COURT: Start all over again. See~ you've got to speak so this young lady can get it. I'm having a hard time. THE COURT: Take it easy. You 1re go·ng Yes. to be all righL There is nothing to get excited about. Just start over again.about the gifts to your children. I think that's what you were telling us. He would give them---when he was ready to leave he'd give them a dollar, sometimes a half dollar. And always for Christmas when he would come over he would always give then --~~-----__!.!_------------~--------------- ~-----n---------------~~~~~~~~~~----- Delo 308 $5. 00. Not to me; to my children. Q Was this done annually ever year, Mrs. Delp? A Whenever he could get over. If he· didn't get overat my home, , he w'ould leave it out at my sister's. THE COURT: -, ·-·-; J:hWhich sister? Irene. Did you have a m,eeting with Uncle Andy at your shop approximc: tely two weeks before he died? Yes, I did. Now I want you to tell Judge Simmons about this meeting, but please, one e again, tali< slow ly . My uncle had stopped in to see me at my shop tn East Liberty. THE COURT: That1s about two weeks before he died. Yes. And I went to Detroit the next day, but that night when he came in, my husband was in the shop too. We talked, I said, "What are you doing here?" He said, ''I just stopped to see hov you were feeling.'' I said, "I'm all right. Jim going to Detroit tomorrow." I said, "Pack up and go." And he said, "No." MR. TERPUTAC: I can't hear that . ' . .. ' ~ i ... . f t ,. ' ,, . • r . J . ·t ' rl • .. • \ ~ ~ / ~ ,-"'TH•E· c ou.RT/f/' .~. '•You.1d b'etter co-~e· over \' '. Q • A :! z < > ..1 )o Ill z z ... II. i 0 .... C) !: l: Ill < 3:: ..: u ~Q Ill Q ..1 < u 0 :J ., :t 1-.... N IIi a: Ill ~Q 0 . II. Ill a: A .... a: :J 0 I u ..1 ~ u ii: II. 0 ' A here. I think the lady has laryngitis. May I ask Mrs. Hammond to read the last couple sentences? (Stenographer reads back last couple sentences) . I said, "Why in the world .don't you fix yourself up, get teeth, take a trip, spend yo_ur money. Who are you saving it for? Are you saving it for the Downey1s?" He_ said, "Everything has been . . ,• taken care of. 11 He said, "They don1t touch a thing be longing to me. 11 And thatts the God1s truth. My. h.usband was there. My husband·heard it . Your Honor, .I would request that Mrs. Hammond re-read the la~t couple sentences of that last answer. (Stenographer reads back the last answer). Did he say anything more than that? Yes1 Your Honor. May !say th~t it was just a common thing ir the family, my <uncle-,,_ was so good t~ the Downey's, everyone would say JJ ... going so fast that no one. can understand you. r I ( •' • It was just common in the farriily,.thjf:,K~~ythihg my uncle would do, he was so crazy abo~t ~qe:'l<'l.as~~h~·:th'e~boy~, he did a lot for the Downey's, the two Downey boys. Everytime they was in I ,-.. . ' . . . ;A<-" ' ' 1 t ·l. ' I j ,a .I ··-··~ . ' j . r;~.. ~,. "t-·l<l;t" .. \, "',/.;.. • .. ~ ' Delp 310 .. /: 'rt . , .. ~ something, he was helptf!g)hem ~ut' .. l(1was a common saying, is it going to the Down'eyrs. :And I s'aid, .·"\i\That are you doing, • .. ~ , • f f ' • ' going to send it to the Dow neyrs? 11 ---all his money. And he says, "Dontt worry. It's taken caretgf.. tt And that was it. And we talked for a long while. Did he tellyou it wasn't going to the Downey 1s? He said they won't touch nothing. Everything is takeri care of. That's not my question, Mrs. Delp. I said did he tell you on th< t occasion that it was not going to the Downeyrs? Right. Lastly, Mrs. Delp, and slowly, would you characterize your relationship with Uncle Andy? Well, my uncle, we were very friendly. My uncle was a good uncle to all of us. We were raised together . . .. Did you feel an affection for him ? Very much. Doyou believe it was returned? Very much. Cross examine. n~ln 311 CROSS EXAMINATION By MR. TERPUTAC: Q You didn 1t care for the Downey1s; did you, Mrs. Delp? A Yes, I did. I practically rai_sed th~ Downey's. I took care of them when they were little children. Ask them. Were you happy to hear Uncle Andy say that about the Downey 1s: Yes, very happy. They· needed help and ~e gave it to them. -Were you happy to .hear him'say that he wasn't going to give ther • anything? No. That didn't bother me. He' worked for it ·and he could do wh'at he pleased with it. Mrs. Delp1 let1s go back to 1958, about the groceries you said Uncle Andy was going to take to the Leo Do~ney1 s. Is that the t me Leo came back from California? Yes·. You saw a bunch of groceries in the car, is that right? Yes. Who all was there to hear him say that to you? Miss McKnight, who lives in Canonsburg. Thatts all I can tell you. She was in my shop with me because she had a store next to mE._ Q Did she know Uncle Andy? A Yes, she did. . Q Now that's one time yqu say he was going to bring groceries, is that right? '' A Q 1 i .. :·-.;r ,•· I fl •.• ·./ -,\." '· • . , ~. '~· "'t ~ .r~..f t.,;. .li. , Now on the second-time; w'as two we'eks later, is 'that right? I. -----~------------------~~----~------~---- • A Q A Q A ..: Q u n: ... Ill 0 ..1 < A· ~ 0 :::1 ~ Q f-,.. t'll ui n: Ill ... n: 0 n. Delo 312 Yes. And who was there at that time? I dontt recall wh.o was there at that time~· How often did you visit at the Tom Downey's from 1947 to 1958': I was never in their home. How about 1958 to 1971? Never in their· home. How about Leo Downey? Neither. So you don't know what'went on there, what they did or anything, ', "l '' .. l ~ ~· .. ' ' .. , •. I.· .r , .. ·' Thatts all. ' ... ~ .. ' ' • J , , _ . 1 _ ~ • w, f' •, f I ···> ioe--• • ;· \ ' : • y. l ~ MR. RIDALL: If Your Honor please, the Estate of Anthony ... n: :::1 0 u ..1 < 0 ii: Hohmann rests. ~ :J'HE COURT: I'd like to ask you one other question. Why did you ask your uncle, "Are you going to give it to the Downey s?" What brought it to YC?Ur mind? A I'll tell you, every little thing that took place---- THE COURT: Yo;l.l'd better come up ~ere. MR. RIDALL: Do you understand the question that was askec ? ---- e e Delp A Yes. THE COURT: Why would you ask uncle, "Are you going to g ve II .;. -\ <. your pro~e·z;ty to the Do~r).ey 1s? . ;r # • t t 1 ' ... 4 ,J.oli i i ~ fl'"• t ~ ~ ~ I' • ._ 1 • r f . 4'' · · 1 , j'~ ' . f ' .~ ' ,'J • • • ·, ~ He h~t~ ?~:rttfor tpy·.Ilow.ney:r~:.~~~E¥~ry.llttJe1 thmg·wa~---he A felt sorry for them. We ~h.ought he felt sorry because their ~ ... ~ J ' .tci_ not 't-• mother was gone and everything,:' and 'he, sort of acted like a ., .,. t *: '" ' ' ' ~ z < > .J >-Ill z z . Ill mother hen. And every little thing"herd s'ay, "The kids can use ·~ / • • • ~ ( J ' '} \, ' . a. i this." And the kids meant the Downeyrs, because we were a ver 0 1-C) ~ l: close family. Ill < ~ ~ THE COURT: By the kids he meant Leo and Tom. ii: 1-~A Those were the only two he had. to help. Those were the only .J .., :I: 1-,... (II IIi a: Ill two that were always needing something, and they always went t D my uncle and got it, regardless of what anybody said. I know it li: MR. RIDALL: Your Honor, I'd like to ask her one more 0 a Ill a: 1-II: :> 0 u .J ~ u ii: II. 0 question relating to what you just asked her. This conversation about the· Downey 1s with your uncle, who initiated the co nversat· on? Who started it? A Well, maybe I did when I told him to get himself fixed up, his teeth. He didntt get his teeth. And w~ were always hollering at him for not having teeth. So I said, "Get your teeth; get yourself fixed up and go tal~e a trip." And even my husband tol ~ him, "Take a trip to Hawaii." MR. RIDALL: That remark on your part precipitated the • I e Df'>ln conversation about .the Downey's, is that correct? ~ z < A Yes. MR. TERPUTAC: THE COURT: ~MR. RIDALL: )o U) z z Ill 4. i MR. TERPUT AC: 0 I-C) z I: ~THE COURT: 3: ..: 0 ~ MR. TERPUTAC: U) Ci ..J o( li c MR. RIDALL: :I ., :t ... .... N ai a: THE COURT: That's a leading question if I ever heard one. I will have to say it is leading. Of course, it's leading. It's your witness, Mr. Ridall; not mine. Anything else, Mr. Terputac? No. No. Are we going to close the testimony here? Ill 1-a: 0 Any .rebuttal testimony? 4. Ill a: 1-a: :I 0 MR. TERPUTAC: Your Honor, since accusations have been u 314 ..J < u ii: "' 0 made against the principal witnesses or claimants, we res pectf Hy request that they be allowed to. get on the witness stand and give their version of this story. ' THE COURT: ,' I think they would be entitled·to testify only· ~> · · · 4r · ' ~ ~ I •"''J f '\;·~ f t '~I. .i ,"1 ii '\,1 ~; r • ' ~ as fq,~re .. bu.tt,~L :Q::~tt~~s;~)'m~an:,tliirigs;Jnat·w ouid' r'ebut any · matter as to them. I think they w auld be. entitled to do that. ~ ' ~· \ llo ~ ' . r~l ·' ' -I , . '' I /,. ... .• . < .. J-\ I I'm not speaking of affirmatively establishing the claim. I mean anything that impugned the intentions· or matters of that type. MR. RIDALL: I will, as I did this morning, Your Honor, <-z < ~ )o Ul z z Ill D. i. 0 1- object to any testimony on the part of' the four claimants for any purpose pertaining to matters occur~ing prior to the death of Mr. ~ohmann, on the basis of the Pennsylvania Dead Man's Statute. ~THE COURT: I am speaking not to any testimony that would ...: !:! 0: ,. l-UI c ..1 < tend to establish their claim, but testimony that ·-maybe goes to their cred,ibility as far as the crE)dibility of the claim is concern d. §MR. RIDALL: I am sure, sir, that ari.y testimony they give---c :J .., :t .... ,... N THE COURT: ·What dc:i you propose to offer here at this time ai 0: Ill 1-0: ~MR. Ill 0: 1-0: :J 0 u .J < u ii: II. 0 TERPUTAC: ParticuJ.:;a:P.Jy about the buses, about the loans, about '· . ~ ' 1 ' ' • \ ... the type of pe~so~·~r. ,~~~1aq.~;~s,.i. Th.is att~~k. ~~-~-?e:n l~rg ely ' 'I { .f.~ .. It I r.o~~ . • lie., ' ,}. -. / ~' .• .. ~ -# ~ (~ .,..~.!""f ~~~. ~._. ~ • \ "'· ... /, : t _,. t• ' I ~ ,#-~ I made on the cred{Dility of witnesses who'haven't even testified . ; ~-, "-. ,\ THE COURT: ' ! r· . I donrt think really, to be· honest with you, ~ " r I I ~ 1 ' . ! that that really goes to the issue_.yo_u, ar,~ .trying to prove, does -• , 1 -t r· ' • , :1 t I ot4 ¥;t I 1 ... ~ ~ " ") r •,, it? The whole gravity in your case was there was a contract established between the decedent and your clients, and the failure of the decedent to honor the contract has damaged your I 316 people. And the only question is how much has it damaged them. MR. TERPUTAC: This is essentially correctJ Your Honor. . ·. THE COURT: · I really don't see how the testimony that you propose to give us will bear on that. MR. TERPUTAC: It seems to me that their defense has not in any way answered our allegations. THE COURT: That is what you are going to tell me when yot write up your suggested findings of fact and conclusions of law and in your brief you are going to argue this, when we argu the case finally, after the record has been transcribed. MR. TERPUTAC: But in addition, they have impugned the character of these people about the loa~ and· about the buses. ·'· THE COURT: ·But you see, actually, your people haven't actually taken the stand in that sense. In other words, I can se ~ r , \ -c j r ~ ' • ' . I) whereyo,t~m'iglit wla.ritt'6 p~:'t,~'t'·in!~\but rcan't:rsee where. itr~is .. .. , ' '"' .. t , ,. . J '\ -• ; i • • • , 4, t·' ~ ,.1 .. "::' "!' ... ·...,. ."J... . ... ~ . "' '.._ ~ ... ,..j "-~-·._., ~ ... relevant to help,your case. MR. TERPUTAC: ' . . ' 1 . ' ' ' .. : ! J . 1 •• I I ' ~ -.. . . I•thmk 1t•:rs relevant•m the sense that the credibility of people:~~li;; h~/erit.t .;v:e~,t$sttfied has been attacke~ . . THE COURT: For example, will you give us an offer of the type of rebuttal you'd like to put in? -·--------~------------~--------------~------------~~ e • Q17 MR. TERPUTAC: For example, the matter dealing with the loan, we contend that was paid. THE COURT: Pd say the fact is, as I view it, and Pd like the record to show I don 1t think there is any evide'nc e here to stow ~ z < ~ >-UI z z "' II. it wasntt paid. I don1t think there is anything in the record to show that your man, .in fact, did not pay. uncle. i MR. TERPUTAC: I think the inference is clear. 0 I-C) z l: ~ THE COURT: ~ I don1t see that there is anything that bears ..: 2 0: 1-!!! c ..1 MR. ~ u c ::> ., J: ,_ "' N on that. 0 '. f What is your next point that you'd like to raise? I. / " • • 'P. ""!,. ~ (''" . ' . '; f •• ';, 4- •.. ~'i-.·.~I ,. t···~>l f""'>·· ·I··,·.' \.., lt-~,.. ~ __ .,..~~·'~ ~-~~; ...... \.;~ ........ *"q If< ... ...-• J "-r l. i..t~ TERPUTAC: I think that what the defense has done is ' /. ·-~·· ' .·' .. , ' • ,. l.. ' try to impugn_.their help and their attitude toward their uncle. • 1 • -(' • · 1 f . f .. ' '' ... , ;,,, "t' ~,..'"' <{' (:.r ,.,-• 'f.~,r· r ~THE COURT: ' • -~ j ,.. ' I think {VJ:.a,(they ~ye §bown, I think, so far, Ill 1-0: 0 0. 111 0: 1-0: ::> 0 u ..1 < u ii: II. 0 as I vtew the testimony, is that the uncle associated with them i!n a 'normal course and as the consequences of his association, would tend to feel that they were natural objects of his bounty, and therefore, he willed them his property. I think that is what he is trying to show. Am I right? MR. RIDALL: Among other things, Your Honor. THE COURT: I.mean on that part of the case. .1\trR RTnAT.T• M;=w T ~nPak to the nure leQal issue? It is • ~ z o( ~ >-g) z z Ill II. i 0 1-Cl z :X: Ill o( ~ ..: 0 a: 1-g) c .J o( 0 c :J "' :t .. I' N ui a: Ill 1-a: 0 II. Ill a: 1-a: :J my position that· once the Dead Man's Statute attaches, which the Court ruled this morning, that the ine.ompetence of the witnesses is absolute, and there are no exceptions. THE COURT: I agree with you up to a _point. But I don1t .. . . think-.~--you might _ha;e' opered.the doo~ a litqe_hit~ ,~ut .the r ,.~ I 1 " ~ .. I 1 • '• ' 1 ·, .f,., .. • .,'J I , .. *,;/!c., (!'•·:·· /~ •' {•,.. #. ; .. lfllo ., 4 1o. ""'· ,. \ I ' .l' ~ A ,t -~ • poinf' is, ar·e these things that you are going to discuss here and rebut on the recoid;. are. they rel~vant? ·My ·question gnes " ~ ~ \lo-") >J' t . f" 1 - '. . II ' ,. ' . .(, .... to tae1 relevancy of it: Therefore, if it is not relevant, I don't ·~-~~ ~·:.~t.,' see how it is mater"iallhat ·we should. ~dmit it, and that's why I'm asking Mr. Terputac to show me the relevancy of what he wants. I think you may have opened the door to some extent, but I don 1t think the matters that were spoken of here are relevant to the issues here. That is iny posit ion on it, which still leaves me in th.e same position that the evidence won't come in unless he shows it is relevant. 8 MR. RIDA LL: If it doesn't come in; I don't care why it ..I < 0 ii: .II, 0 doesn't come in, Judge. THE COURT: I think he may. hav:e opened it up under certair circumstances, but I don't think the circumstances are apparen here. MR. TERPUTAC: We request a continuance for the purpose of making offers and subsequent testimony to the Court with 318 I • '. ~ .. ':~· *. t ;_:. 1.t L .respect to rebuttal testimony.-" ' ' THE COURT: MR. TERPUTAC: : .... J • i·J ~ I ,· ,j ~ /1!."-J-t"' 't: ::'J ~J--~~i 'J'·t-~'-'~ 1~:: ! I ,..,r You mean after..,-- After the transcript has been ty.p ed, yes, sir. ~ THEBOURT: I don!t think that is quite fair. I think you reaLy z -< > .J >-Ul z z 1&1 II. i 0 ... C) z X Ul -< ~ ,.: 0 a: ... Ul c .J -< u 0 :J ; MR . .... ,... N IIi ought -to make an offer here now. This is just a short trial, it's only two days. And I really don1t think that the issues ·that . .. you are now raising are going'to affect your case one way or . ~ the other. That 1s just my opinion. They are not going to help you and they· are not going .to hurt you. I don 1t think you shoul< keep the rec'ord open under the circumstances . TERPUTAC: It's up to Your Honor. ~THE COURT: You can note an exception. ... a:: 0 II. Ill a: It MR. TERPUTAC: · I note an exception. :I 0 u .J -< o THE COURT: iL I think,w~ ought to_c_lose the thing as it now "" 0 stands, and the Court will make the following order: that both counsel will be notified in due course as soon as the r·ecord is transcribed. Thereupon the Court will give the respective counsel a period of six weeks after the transcription of the record to submit to the Court suggested findings of fact and conclusions of law, along with supporting briefs. '!10 • ~ z ~ ' .J MR. >-Ill z z ld II. i 0 ... C> Now at the end of this six weeks period, the Court will, or perhaps when the record has been transcribed, the Court will set a date for oral arguments and both parties may present their argum~nts before the Court. And we will take the matter under advisement. ' RIDALL: Are .you saying there will be an oral argument or you will decide at some later date? ~THE COURT: ·There will be an oral argument, yes, because Ill o( 3: .: u ir ... Ill 0 I think there should be an orat ·_ argument, just to give us your feeling and arguments and law as to what you think the decision ~ should be. u c :t .., :t 1:. MR. RIDA LL: This will be subsequent to the time the bri~fs Ill rsi a: ld ... a: 0 II. ld are submitted to the·Court. a: ... THE COURT: Yes. Everybody will have ample time in this a: :t 0 u .J < u ii: II. 0 matter . So the case will be closed now as far as any further evidence is concerned. I think that w·e have all of the information that we need here to try to come to a just cone lusion. Anything else?· MR. RIDALL: No1 Your Honor. r ~.. "" .. ',, .. \ : . -:;(Pr6,c~e~lings ·:\='los_~d)" '-. _. ill • • ', ! .,. " ~ ' ... ·~ ;4,~ • ' ... ~~-• ~j ~ ,!t • ' • ' . ' ' . . ' I I -j ' J ' ". f, 0'"1£\ •• ~ z o( ,. ' ' < Stenographer1s Certificate I h.er.e'b_y certify that the ·proceedings and evidence ~ ~are contained fully and accurately in the notes taken by me on the hearing z z Ill ~of the above cause, and that this copy is a correct transcript of the same. z 0 I-C) z .~, 1· "\ ~ . ~ . t !... : . ' ~ .. ,.,, '~. ~~, t ' : ' . ., r ' . '• ' r • '} ..;L '*""" or' ' , ... .., The foregoing recpr1?. of the proceedings upon the f ' •. \ "; I i' t ~ ~ 'l hearing of the above cause· is hereby approved •and directed to be filed . . /· .' ~t ··r 1''1' ,, , . , .. J·"·•·' ·f( .. ~ .. · 321